


\ 



F 685 
.K15 
Copy 1 



K('i>rinli'(l from \'ol. XIII. Collections Kaiisjis State Historieal Soeietv. 



The Topeka Movement. 



UNDER the title of "Historical Archives," the Topeka Commonwealth of 
Saturday, June 7, 1879, published the following: 

"Hon. Joel K. Goodin' has made a very valuable deposit in the collections 
of the State Historical Society, consisting of the original records of the free- 
state provisional government of Kansas, which was organized at the Big 
Springs convention September 5, 1855, under the name of the Free State 
Executive Committee. Of this committee, Charles Robinson was the first 
chairman, James H. Lane afterwards succeeding him. Joel K. Goodin was 
secretary during the existence of the committee, and kept all its records, 
which he has held in his possession until now. He transmits them to the 
Historical Society with the following letter: 

" 'Ottawa, Franklin Co., Kansas, June 2, 1879. 
" ^ F. G. Adams, Esq., Secretary State Historical Society, Topeka, Kansas: 

" 'Dear Sir — I send you to-day by express, a copy of the Journal of the 
House of Representatives under the Topeka Constitution; also the record 
of the Executive Committee — which Committee was the Provisional Gov- 
ernment up to the time of the adoption of the "Topeka Constitution" and 
election of State officers thereunder, &c; also a full record of the expendi- 
tures of the Provisional Government up to the time of delivering the same 
over to the State Government, with number and amount of each piece of 
scrip issued, and to whom issued, and for what services. In those days that 
tried men's souls and soles, it may be deemed remarkable that without a 
dollar in money, we were able to hand over our trust to the State Legislature 
with an expenditure of only $15,265.90 in scrip, bearing the signature of the 
President and Secretary of the Executive Committee only as indorsement 
that it must be received as legal tender, by all Free State men. In the same 
book you will find the autographs of the officers and members elected to the 

Note 1. — Joel Kishler Goodin was born in Perry county, Ohio, February 24, 1824. His 
father's name was John Goodin, his mother's Elizabeth Kishler Goodin. His father was of Scotch- 
English descent; his mother of German descent. His father was treasurer of Seneca county, 
Ohio, for eight or ten years; also was elected senator in the Ohio state legislature in 1840. 

Joel K. Goodin studied law in Kenton, Ohio; married Miss Elizabeth Christ in Bucyrus, Ohio, 
on January 8, 1849; removed to Kansas territory on May 16, 1854, locating on a land claim four 
miles south of Lawrence. Mr. Goodin was the first justice of the peace of Kansas territory, being 
appointed by Governor Reeder on January 3, 1855. He was active in the various free-state con- 
ventions of 1855, and was a delegate to the Big Springs convention and to the Topeka convention 
to consider the forming of a state government. He acted as vice president of the Topeka con- 
vention, and by that body was appointed one of the executive committee which was the provisional 
government of the territory. He was selected by that committee as its secretary, serving in that 
capacity until the inauguration of state government under the Topeka constitution. .He was 
elected to the Kansas state house of representatives in 1866 and in 1867, from Douglas county. 
He was a member of the I. O. O. F. lodge since 1846 and was one of the charter members of the 
Grand Lodge in Kansas. He practiced law as a profession, locating in Ottawa, Kan., in 1871. 
He died at the residence of his son, in Ottawa, on December 9, 1894, and was buried in Hope 
cemetery near that city, where a plain monument marks his grave. 

In volume four of the Kansas Hi.storical Collections, pp. 27.'{-274, James F. Legate, who knew 
Mr. Goodin well, has paid his statesmanship a wonderful tribute. Among other things he says, 
" He led us through the dark ways by the light of his brain. " Of the Executive Committee and 
Mr. Goodin's work as its secretary he makes the following statement' "This executive com- 
mittee was the Moses that led us across the sea of oppression ... he was the soul and 
the brain and executive power of that committee. . Yet the underbrush of forgetfulness 

has so grown that but few in Kansas know that Joel K. Goodin ever lived." 



/^ 



Kansas State Historical Society. 




GENERAL JAMES H. LANE, 
Chairman Executive Committee of Kansas. 



D. of D-c. ; 
WOV 26'1B15 



The Topeka Movement. 3 

Topeka Constitutional convention, with their residence, occupation, nativity, 
age, condition in life and politics, secured by me as Secretary of the Execu- 
tive Committee, and for the purposes indicated in the heading. I trust the 
financial condition of our State Society ere long will be such as to allow the 
original idea to he carried out, as I had a premonition at the time that this 
would be an acquisition in our state history of no mean value. At least it is 
a flat contradiction of the pro-slavery inuendo, that we were all abolitionists 
from Boston, Massachussetts, and hired to come to Kansas by the Emigrant 
Aid Society. 

" 'I also send you the representative of $25, money actually paid out by 
me for. board, lodging and traveling expenses, as Secretary. I have yet re- 
maining some $800 of th'e same kind of currency, taken in lieu of actual cash 
paid out. 

" 'These relics are very dear to me, and I have hugged them to my heart 
of hearts, with great pertinancity, as souvenirs of early Kansas life. The 
more so as I see from year to year the old men and women, who bore the 
brunt, and suffered the privations of early pioneer life, are being not only 
ignored, but attempted to be forgotten by the would be stalwarts of more 
modern advent. Yet having recently been impressed with the idea, that 
they might be lost to the Society, and the future history of the state, have 
decided to send them. I have in my library all the volumes I have ever seen 
written on Kansas, as also a complete file of the "Herald of Freedom," but 
presuming that you already have what I am possessed of, do not send them. 
The amount of labor that you are putting in to gather up the odds and ends 
of our early history is commendable, and I do trust they will be safely guarded 
and protected from fire and vandalism. 

" 'Accept these from me with the kindest recollections of your enterprise 
and labors in the interests of the most patriotic, submissive, yet the most 
determined, manly and heroic of God's humanity that ever settled a new 
country since the days of our early fathers. Very respectfully, 

J. K. GOODIN.' " 

RECORD OF THE EXECUTIVE COMMITTEE OF KANSAS 
TERRITORY. 
The subject matter of the formation of a Constitution for Kansas with a 
view to its admission into the Union as a State, has for many months en- 
grossed the minds of its citizens. After having exhausted to all human ap- 
pearances every plan for such redress of our greivances as would satisfy us 
as Free-men, after having petitioned for succor in our great helplessness and 
real need, after having remonstrated against the outrages which had been 
perpetrated upon us, after having denounced as illegal, anti-american, un- 
parralled, and unkind the usurpation of our rights in the bringing of armed 
mobs to control our elections in two instances, (said mobs coming from and 
residing in foreign states,) our supplications, remonstrances and denunci- 
ations, but brought down upon us a rule of tyranny worse than Russian 
serfdom. A Legislature was attempted to be foisted upon us, in the choice 
of which our citizenship had no voice. Mis-named laws were passed by that 
body, (whom we have [believed] and still beli[e]ve to have been convened in 
contravention of law or precedent) of a character the most humiliating and 
debasing to an American Citizen if carried out, (and the present Government 
Official Wilson Shannon has expressed his intention to the effect they shall be, 
both in letter and in spirit, in part and in whole). The right of speech stifled, 
the muzzling of the Press attempted, the right of suffrage wrested from us, 
and for the paltry sum of One Dollar per-head transferred to any and all, 
without refference to their residence or citizenship. Debarred from the priv- 



4 Kansas State Historical Society. 

ilege of a voice in the election of the most insignificant officers, and in a word 
making us white Slaves in every sense, it cannot be wondered at, that some 
such remedy as that of seeking admission as a State into the Union should be 
revolved in the minds of an oppressed and grossly outraged people. The 
first movement made to this great end, was that of a published call gotten 
up by C. K. HoUiday & J. K. Goodin made on the 15th day of August 1855, 
for a meeting to be held in Lawrence, at which time and place the Territory 
was largely represented by the Sovereign Squatters therein, which read as 
follows: 

"mass meeting. 

"The Squatters of Kansas Territory without distinction of party will 
assemble in mass meeting at Lawrence on Wednesday 15th day of August 
at 3 o'clock P. M., to take into consideration the propriety of calling a Ter- 
ritorial Convention preliminary to the formation of a State Government, 
and other subjects of public interest. 

Aug. 15th, 1855. (Signed) Many Citizens." 

Pursuant to the call a large convention of the people irrespective of party 
met, and adopted the following Preamble and Resolution (which was re- 
ported by a committee of five appointed b^- the Convention,) with but one 
dissenting voice. The Committee consisted of G. W. Smith, C. K. HoUiday, 
C. Robinson, John Brown jr. and A. F. Powell. 

" Whereas, The people of Kansas Territory have been since its settlement, 
and now are without any law-making power; therefore, be it 

"Resolved, That we the people of Kansas Territory in Mass Meeting as- 
sembled, irrespective of party distinctions, influenced by a common necessity, 
and greatly desirous of promoting the common good, do hereby call upon 
and request all bona fide citizens of Kansas Territory, of whatever political 
views or predelictions, to consult together in their respective election dis- 
tricts, and in Mass Convention or otherwise, elect three Delegates for each 
Representative to which such District is entitled, in the House of Represen- 
tatives of the Legislative Assembly, by Proclamation of Gov. Reeder of date 
10th March 1855: Said Delegates to assemble in Convention at the Town 
of Topeka, on the 19th day of September 1855, then and there to consider 
upon all subjects of public interest, and particularly upon that having ref- 
ference to the speedy formation of a Constitution, with an intention of an 
immediate application to be admitted as a State into the Union of the 'United 
States of America.' " 

At a delegate convention held at Big Springs in Kansas Territory on the 
5th of September 1855, called to "take into consideration the present ex- 
igency of political affairs in Kansas Territory, and the nomination of a Dele- 
gate to represent her people in the Thirty fourth Congress of the United 
States," Mr. John Hutchinson, desiring an endorsement of the convention 
of the "Peoples Convention," offered the following resolution which was 
agreed to. 

"Resolved, That this Convention, in view of its recent repudiation of the 
acts of the so called Kansas Legislative Assembly, respond most heartily to 
the call made by the "Peoples Convention" of the 15th ult, for a delegate 
Convention of the people of Kansas Territory, to be held at Topeka on the 
19th inst: to consider the propriety of the formation of a State Constitution, 
and such other matters as may legitimately come before it." 

On the 19th day of September 1855, the "Peoples Convention" assembled 
at the Town of Topeka, and organized by the election of Wm Y. Roberts of 
Big Springs as President, J. A. Wakefield, P. C. Schuyler, L. P. Lincoln, 



The Topeka Movement. 5 

J. K. Goodin, S. N. Latta, and R. H. Phelan, Vice-Presidents. E. D. Ladd, 
J. H. Nesbit, & M. W. Delahay Secretaries of the Convention. A business 
committee consisting of G. W. Smith, S. Mewhinney, J. A. Wakefield, C. K. 
Holliday, L. P. Lincoln, Hamilton Smith, J. A. Nesbit, T. J. Addis, Thomas 
Je'nner, J. B. Chapman, H. M. Moore, M. J. Parrott, G. W. Deitzlcr, P. C. 
Schuyler, and J. D. Wood, were appointed on motion of G. W. Smith. 
Col. J. H. Lane, moved the following resolution which was adopted: 

"Resolved, That a committee consisting of Eighteen members appointed 
one from each election district as far as the said districts are represented in 
this convention, and when said districts are exhausted, from those actually 
in attendance at this Convention; and that they be clothed with full power 
to write, print and circulate an Address to the people of this Territory and 
to the Civilized World, setting forth our grievences, the policy we have been 
compelled to adopt, and which we have determined at all hazzards to carry 
out." 

The report of the "Business Committee" was unanimously adopted and 
is as follows: 

" Whereas, The Constitution of the United States guarantees to the people 
of this Republic the right of assembling together in a peaceable manner for 
the common good, to 'Establish justice, ensure domestic tranquillity, pro- 
vide for the common defence, promote the general wellfare, and secure the 
blessings of Liberty to themselves and their posterity,' and 

" Whereas, The Citizens of Kansas Territory were prevented from electing 
members of the Legislative Assembly in pursuance with the Proclamation 
of Gov. Reeder on the 30th of March last, by invading forces from foreign 
States coming into the Territory and forcing upon the people a Legislature 
of non-residents and others inimical to the people of Kansas Territory, de- 
feating the object of the organic act, in consequence of which, the Territorial 
Government became a perfect failure, & the people were left without any 
legal Government until their patience has become exhausted, and endurence 
ceases to be a virtue, and they are compelled to resort to the only remedy 
left, that of forming a government for themselves. Therefore, 

"Resolved, by the people of Kansas Territory in Delegate Convention 
assembled, That an election should be held in the Several election precincts 
of this Territory on the Second Tuesday of October next, under the regula- 
tions and restrictions herein after imposed, for members of a Convention to 
form a Constitution, adopt a Bill of Rights for the people of Kansas and take 
all needful measures for organizing a State Government preparatory to the 
admission of Kansas into the Union as a State. 

"Resolved, That the apportionment of said Delegates shall be as follows: 
Two Delegates for each Representative to which the people were entitled in 
the Legislative Assembly by Proclamation of Gov. Reeder of date 10th 
March 1855." 

"Resolved, That a committee of seven be appointed by the chair, who shall 
organize by the appointment of a Chairman and Secretary. They shall keep 
a record of their proceedings, and shall have the general superintendence of 
the affairs of the Territory so far as the organization of a State Government, 
which committee shall be styled the 'Executive Committee of Kansas Ter- 
ritory. ' 

"Resolved, That it shall be the duty of the 'Executive Committee of Kan- 
sas Territory ' to advertise said election at least fifteen days before the second 
Tuesday in October next, and to appoint three Judges thereof for each Pre- 
cinct, and the said Judges of each Precinct shall appoint their Clerks, all of 
whom, shall be duly sworn or affirmed to discharge the duties of their re- 
spective offices impartially, and with fidelity, and they shall have power to 
administer the oath or affirmation to each other; and the said Judges shall 
open said election at 10 o'clock A. M. at the place designated in each precinct 
by said Executive Committee and close the same at 4 o'clock P. M.; and 
in case any of the officers appointed fail to attend, the officer or officers in 



6 Kansas State Historical Society. 

attendance shall supply the vacancy or vacancies; in the event of them all 
failing to attend, ten qualified voters shall supply their places; and the said 
Judges shall make out duplicate returns of said election seal up and transmit 
one copy of the same within five days to the Chairman of the Executive 
Committee to be laid before the Convention; and they shall within ten days, 
seal up and hand the other to some member of the Executive Committee." 

"Resolved, That the 'Executive Committee of Kansas Territory' shall 
announce by Proclamation, the names of the persons elected Delegates to 
said Convention, and in case the returns from any precinct should not be 
completed by that day, as soon thereafter as practicable, and in case of a 
tie, a new election shall be ordered by the 'Executive Committee' giving 
five days notice thereof, by the same officers who officiated at the first elec- 
tion." 

"Resolved, That the said Convention shall be held at Topeka on the 4th 
Tuesday of October next, at 12 o'clock M. of that day." 

"Resolved, That a majority of said Convention shall constitute a quorum, 
and that the said Convention shall determine upon the returns and qualifi- 
cations of its members, and shall have and exercise all the rights, privileges 
and immunities incident to such bodies, and may adopt such rules & regula- 
tions for its government as a majority thereof may direct. If a majority of 
said Convention do not assemble on the day appointed therefor, a less number 
is hereby authorized to adjourn from day to day." 

"Resolved, That in case of the death, resignation, or non-attendance of 
any Delegate chosen from any District of the Territory, the President of the 
Convention shall issue his writ ordering a new election on five days' notice, 
to be conducted as heretofore directed." 

"Resolved, That all white male inhabitants, citizens of the United States, 
above the age of twenty one years, who have had a bona fide residence in the 
Territory of Kansas for the space of thirty days' immediately preceeding the 
day of election, shall be entitled to vote for Delegates to said Convention, 
and all white male inhabitants, citizens of the United States, above the age 
of twenty one years, who have resided in the Territory of Kansas for the space 
of three months' immediately preceeding the day of election, shall be eligible 
as Delegates to said Convention." 

"Resolved, That if, at the time of holding said election, it shall be incon- 
venient, on account of Indian hostilities, or any other cause whatever, that 
would disturb or prevent the voters of any election precinct in the Territory, 
from the free and peaceable exercise of the elective franchise, the officers are 
hereby authorized to adjourn said election into any other Precinct in the 
Territory, and to any other day they may see proper, of the necessity of 
which they shall be the exclusive Judges, at which time and place the quali- 
fied voters may cast their votes." 

"Resolved, That no person shall be entitled to a seat in the Convention, 
at its organization, except the members whose names are contained in the 
Proclamation of the Chairman of the Executive Committee. But after the 
Convention is organized, seats may be contested in the usual way." 

"Resolved. That the members of the Convention shall receive as a com- 
pensation for their services, the sum of Three Dollars per day, and three dollars 
for every twenty miles travel to and from the same, and that Congress be 
respectfully requested to appropriate a suflficient sum, to defray the necessary 
expenses of said Convention." 

"Resolved. That on the adoption of a Constitution for the State of Kansas, 
the President of the Convention shall transmit an authenticated copy thereof, 
to the President of the United States, to the President of the Senate, to the 
Speaker of the House of Representatives; to each member of Congress, and 
to the Governor of each of the several States of the Union, and adopt such 
other measures as will secure to the people of Kansas, the rights and privi- 
leges of a Sovereign State." 

The Committee on Address were vested with authority to notify the peo- 
ple of the several Districts of the Territory, of the coming election, by hand- 
bills, public-addresses, and otherwise, as they may think proper, and were 
composed of the following persons. "J. H. Lane, W. Y. Roberts, Hamilton 



The Topeka Movement. 7 

Smith, P. C. Schuyler, H. Miles Moore, J. S. Emery, A. M. Jordan, M. W. 
Delahay, E. D. Ladd, G. W. Deitzler, J. A. Wakefield, Samuel C. Smith, Thomas 
J. Addis, J. H. Nesbit, L. P. Lincoln, John Speer, G. W. Brown, S. N. Latta, 
James Pierce, G. W. Smith and M. Hunt." 

The "Executive Committee of Kansas Territory" was announced by the 
President to be composed of the following names: 

J. H. Lane. P. C. Schyuler. 

C. K. Holliday. G. W. Smith. 

M. J. Parrott. G. W. Brown, 

and J. K. Goodin. 




G. w. BROWN, 
Editor Herald of Freedom. 

September 20th '55 5 O'clk. P.M. 

The "Executive Committee of Kansas Territory" met at the house of 
E. C. K. Garvey Esq. in Topeka and organized by the election of James H. 
Lane Esq. as chairman, and J. K. Goodin Secretary. 

On motion Committee adjourned to meet in Lawrence on (to-morrow,) 
21st inst. at 2 O'clock P. M. J. K. GoODiN Secy. 

Friday Sept 21 2 O'clk P. M. 1855. 
Committee met at house of Dr. C. Robinson, and took into consideration 
the powers and duties expressed and implied in the report of the business 
Committee at the Topeka Convention. The following is the result of their 
deliberations. 



8 



Kansas State Historical Society. 



The Territory was lain off into districts for canvassing purposes to wit: 
and meetings for public speaking are to be held at the time and place stated. 

1st Dist. 

At Pawnee on Thursday 

" Manhattan 

" Juniatta 

" Rock Creek 

" Marysville 

" Moorestown 

" St Mary's Mission 

" Silver Lake 

" Indianola 

" Osawkee : 

" Grasshopper Falls. 



Thursday 


Sept 


27th at 


2 


O'clk. P.M 


Friday 


« 


28th " 


12 
3 




' M. 
' P.M 


Saturday 


" 


29th " 


2 




" 


Monday 


Oct 


1st " 


1 




• " 


Tuesday 


" 


2nd " 


2 




' " 


Wednesday 


« 


3rd " 


11 
3 




' A.M 
' P.M 


Thursday 


" 


4th " 


1 




' " 


Friday 


" 


5th " 


2 




' " 


Saturday 


" 


6th " 


2 




< <> 



SPEAKERS 
J. S. Emery, W. M. Patlerson, J. B. White, Isaac Goodnow, Charles Albright, M. Hunt, Rev. 
Lovejoy, Rev. E. B. Blood, Rev. Dennison, Dr. Hunting, E. Thurston & others. 

2nd District. 

At Adams School House on Monday 

" Benicia 

" Bloomington 

" Washington 

" Tecumpseh 

" Topeka 

" Brownsville 

" Waubonsa 

" Mill Creek 

" Council Grove 

" One Hundred & Ten 

" Council City 

" Willow Springs 



Monday 


Sept. 24th at 


3 O'clk 


P.M 


Tuesday 


" 25th " 


2 " 


" 


Wednesday 


" 26th " 


2 " 


" 


Thursday 


" 27th " 


10 " 


A.M 


" 


" " " 


3 " 


P.M 


Friday 


" 28th " 


1 " 


" 


Saturday 


" 29th " 


2 " 


" 


Monday 


Oct. 1st " 


2 " 


" 


Tuesday 


2nd " 


1 " 


" 


Wednesday 


3rd " 


2 " 


" 


Thursday 


4th " 


1 " 


" 


Friday 


5th " 


2 " 


" 


Saturday 


6th " 


2 " 


" 



SPEAKERS. 
G. W. Smith, W. Y. Roberts, G. P. Lowry, Lyman Allen, A. M. Jourdan, P. C. Schuyler, L. R. 
Adams, S. C. Smith, F. W. Giles, A. Curtiss, L. Macy, Judge John Curtiss, R. G. Elliott and others. 



, 3rd District. 

At Fish's Store on Monday 



Ft. Scott 

Stockton's Store, on Little Sugar Creek. 

Elijah Tucker's, on Big Sugar Creek 

Ossawattomie 

Mr. Partridge's on Pottawattomie Creek. 

Baptiste Peoria 

Springfield 

Lane 

Scott's Town 

Hampden 

Neosho, at H. Smith's Store 

Columbia 

Palmyra 

Blanton.. ., 



Friday 

Saturday 

Monday 

Tuesday 

Wednesday 

Thursday 

Friday 

Saturday 

Saturday 

Monday 

Tuesday 

Wednesday 

Friday 

Saturday 



Sept 24th 
" 28th 
" 29th 

Oct 1st 
2nd 
3rd 
4th 
5th 
.6th 

Sept 29th 

Oct 1st 
2nd 
3rd 
5th 
6th 



2 O'clk P.M. 

1 " 
1 

2 " 

1 " 

2 " 
2 " 
2 " 
2 " 

1 " 

2 " 
2 " 

1 " 

2 " 
2 " 



SPEAKERS. 
Dr. C. Robinson, J. A. Wakefield, C. K. Holliday, M. F. Conway, W. K. Vail, J. L. Speer, W. A. 
Ela, Josiah Miller, O. C. Brown, J. K. Goodin, Dr. Gilpatrick, Rev. Tuton, Rev. J. E. Stewart, C. A. 
Foster, J. P. Fox, H. Branson, G. W. Brown, A. H. Malley and others. 



The Topeka Movement. 



Sept 27th at 


1 O'clk 


P.M 


" 28th " 


1 " 


" 


" 29th " 


2 " 


" 


Oct 1st " 


10 " 


A.M 


1st " 


3 " 


P.M 


2nd " 


1 " 


" 


3rd " 


2 " 


" 


4th " 


2 " 


" 


5th " 


1 " 


" 


6th " 


2 " 


" 



4th District. 

At Wyandott City on Thursday 

" Deleware City " Friday 

" Eaton " Saturday 

" Kickapoo " Monday 

" Ocena " " 

" Atchison " Tuesday 

" Doniphan " Wednesday 

" Whitehead " Thursday 

" Benj. Hardings. " Friday 

" Hickory Point " Saturday 

SPEAKERS. 
J. H. Lane, John Hutchinson, P. Laughlin, M. J. Parrolt, S. C. Shoemaker, M. H. Deleha, 
G. W. Deitzler, H. Miles Moore, A. Guthrie, G. A. Cutler and others. 

Meetings were also called at 

Franklin Oct. 8th Monday at 10 O'clk A.M. 

Lawrence " 8th " " 6 " P.M. 

SPEAKERS. 

S. C. Pomroy, Hon. A. H. Reeder, C. K. Holliday, J. H. Lane, J. A. Wakefield, G. P. Lowry. 
P. C. Schuyler, W. Y. Roberts, C. Robinson, G. W. Smith, & others. J no. Curtiss. 

Meetings are also to be held 

At Franklin on Monday Oct 8th at 10 O'clk A.M. 

" Lawrence " " Evening " " " Candle Lighting. 

Most of the Speakers heretofore announced are appointed to be present 
at the above places. 

Committee adjourned leaving it in the hands of the Chairman & Secy, to 
issue a Proclamation forms &c. &c. &c. 

The following is the Proclamation calling the election: 

"Constitutional Convention Proclamation. 

" To the Legal Voters of Kansas Territory, 

"Whereas, The Territorial Government as now constituted for Kansas 
has proved a failure — Squatter Sovereignty under its workings a miserable 
delusion, in proof of which it is only necessary to refer to our past history, 
and our present deplorable condition. Our ballot boxes have been taken 
possession of by bands of armed men from foreign States — our people forcibly 
driven therefrom — persons attempted to be foisted upon us as members of a 
so-called Legislature, un-acquainted with our wants, and hostile to our best 
interests — some of them never residents of our Territory — misnamed laws 
passed and now attempted to be enforced by the aid of citizens of foreign 
States, of the most oppressive, tyranical, and insulting character, — the right 
of suffrage taken from us — debarred from the privilege of a voice in the 
election of even the most insignificant officers — the right of free speech 
stifled — the muzzling of the Press attempted; and Whereas, longer forbear- 
ance with such oppression and tyrany has ceased to be a virtue; and Whereas, 
the people of this country have heretofore exercised the right of changing 
their form of Government when it becomes oppressive, and have at all times 
conceeded this right to the people in this and all other Governments; and 
Whereas, a Territorial form of Government is unknown to the Constitution, 
and is the mere creature of necessity awaiting the action of the people; and 
Whereas, the debasing character of the Slavery which now involves us impels 
to action, and leaves us as the only legal and peaceful alternative, the im- 
mediate establishment of a State Government; and Whereas, the organic 
act fails in pointing out the course to be adopted in an emergency like ours: 
Therefore, You are requested to meet at your several precincts in said Ter- 
ritory hereinafter mentioned, on the Second Tuesday of October next, it being 
the ninth day of said month, and then and there cast your ballots for members 



10 Kansas State Historical Society. 

of a Convention, to meet at Topeka on the 4th Tuesday in October nextjto 
form a Constitution, adopt a Bill of Rights for the people of Kansas, and 
take all needful measures for organizing a State Government, preparatory 
to the admission of Kansas into the Union as a State." 

"Places for Polls. 

First Election District. 

Lawrence Precinct, Office of John Hutchinson in Lawrence. 
Blanton Precinct, At the house of J. B. Abbott in Blanton. 
Palmyra Precinct, At the house of H. Bariklow in Palmyra. 

Second District. 

Bloomington Precinct, At the house of Harrison Burson on the Waka- 
rusa River. 

Benicia Precinct, At the house of J. J. Cranmer in East Douglass. 

Third District. 

Topeka Precinct, At the house of F. W. Giles in Topeka. 

Big Springs Precinct, At the store of Wesley Frost in Washington. 

Tecumpseh Precinct, At the house of Mr. Hoogland in Tecumpseh. 

Fourth District 

Willow Springs Precinct, At the house of Dr. Chapman on the Santa- 
Fe-Road. 

Springfield Precinct, At some suitable house in Springfield. 

Fifth Dist. 

Bull Creek Precinct, At the house of Baptiste Peoria on Pottawattamie 
Creek. 

Pottawattamie Precinct, At the house of Henry Sherman. 

OssAWATTAMiE PRECINCT, At the house of William Hughes in Ossawat- 
tamie. 

Big Sugar Creek Precinct, At the house of Elijah Tucker at the old 
Pottawattamie Mission. 

Little Sugar Creek Precinct, At the house of Isaac Stockton. 

Neosho Precinct, At the Store of Hamilton Smith in Neosho. 

Hampden Precinct, At the house of W. A. Ela in Hampden. 

Sixth District. 

Fort Scott Precinct, At the house of Mr. Johnson, or a suitable building 
in Fort Scott. 

Scott's Town Precinct, At the house of Mr. Vandever. 

Seventh Dist. 

Titus Precinct, At the house of J. B. Titus on the Santa-fe-Road. 

Eighth District. 

Council Grove Precinct, At the Mission House at Council Grove. 
Waubonsa Precinct, At some suitable building in Waubonsa. 
Mill Creek Precinct, At the house of G. E. Hoenick on Mill Creek. 
Ashland Precinct, At the house of Mr. Adams in Ashland. 

Ninth Dist. 

Pawnee Precinct, At Loden & Shaw's Store in Pawnee. 

Tenth Dist. 

Big Blue Precinct, At the house of S. D. Dyer, in Juniatta. 
Rock Creek Precinct, At the house of Robert Wilson. 

Eleventh Dist. 

Vermillion Precinct, At the house of John Schmidt on the Vermillion 
Branch of Blue River. 



The Topeka Movement. 11 

Twelfth Dist. 

St Mary's Precinct, At the House of B. F. Bertrand. 
Silver Lake Precinct, At the house of Joseph Leframbois. 

Thirteenth Dist. 

Hickory Point Precinct, At the house of Charles Hardt. 

Falls Precinct, At the house of "Mill Company" at Grasshopper Falls. 

Fourteenth Dist. 

Bur Oak Precinct, At the house of Benjamin Harding. 
Doniphan Precinct, (including part of 15th district to Walnut Creek,) 
At the house of Dr. G. A. Cutler in Doniphan. 

Wolf River Precinct, At the house of Aaron Lewis. 

Fifteenth Dist. 

Walnut Creek Precinct, (South of Walnut Creek,) At the house of 
Charles Hayes on the Military Road. 

Sixteenth Dist. 

Leavenworth Precinct, At the Store of Thomas Doyle in Leavenworth 
City. 

Easton Precinct, At the house of Thomas A. Maynard [Minard] on 
Stranger Creek. 

Wyandott Precinct, At the "Council House" Wyandott City. 

Ridge Precinct, At the House of William Pennock. 

Seventeenth Dist. 

Mission Precinct, At the Baptist Mission Building. 
Wakarusa Precinct, At the store of Paschal Fish. 

Eighteenth Dist. 

Calafornia Precinct, At the House of W. W. Moore, on the St. Joseph 
and Calafornia Road. 

"Instructions to Judges of Elections. 

"The three Judges will provide for each poll ballot boxes for depositing the 
ballots cast by Electors, — shall appoint two Clerks, all of whom shall be 
sworn or affirmed to discharge the duties of their respective offices impartially 
and with fidelity; and the said Judges shall open said election at 10 O'clock 
A. M. at the place designated in each precinct by the "Executive Committee 
of Kansas Territory," and close the same at 4 O'clock P. M. In case any 
of the officers appointed fail to attend, the officer or officers in attendance 
shall supply their places. 

"And the said Judges shall make out duplicate returns of said election; 
seal up and transmit one copy of the same within five days' to the Chairman 
of the Executive Committee, to be laid before the Convention, and they shall 
within Ten days' seal up and hand the other to some member of said Execu- 
tive Committee. 

"If at the time of holding said election it shall be inconvenient on account 
of Indian hostilities or any other cause whatever, that would disturb or pre- 
vent the voters of any election precinct in the Territory from the free and 
peaceable exercise of the elective franchise, the officers are hereby authorized 
to adjourn said election into any other precinct in the Territory and to any 
other day they may see proper; of the necessity of which, they shall be the 
exclusive judges, at which time and place the qualified voters may cast their 
votes." 

"Qualifications of Voters, &c. 

"All white male inhabitants, citizens of the United States, or who have 
declared their intentions before the proper authorities to become such, above 
the age of Twenty One Years, who have had a bona fide residence in the Ter- 
ritory for the space of thirty days' immediately preceeding the day of said 



12 Kansas State Historical Society. 

election, shall be entitled to vote for Delegates to'said Convention; and all 
white male inhabitants, Citizens of the United States, above the age of 
Twenty One Years, who have had a bona fide residence in the Territory of 
Kansas for the space of three months immediately preceeding the day of elec- 
tion, shall be elligible as Delegates to said Convention." 

Apportionment &c. 

"The aportionment of Delegates to said Convention shall be as follows: 
Two Delegates for each Representative to which the people were entitled in 
the Legislative Assembly by proclamation of Gov. Reeder of date 10th 
March 1855. 

"It is confidently believed that the people of Kansas are alive fully, to 
the importance of the step they are about to take in disenthralling them- 
selves from the Slavery which is now fettering them; and the Squatters of 
Kansas are earnestly requested to be at their several polls on the day above 
designated, see that there be no illegal votes cast, and that every ballot 
recieved be in accordance with your choice for Delegates to the Constitutional 
Convention, and have all the regulations and restrictions carried out. 

"The plan proposed in the Proclamation to govern you in the election, 
has been adopted after mature deliberation, and if adhered to by you, will 
result in establishing in Kansas an Independant Government that will be 
admitted into our beloved Union as a Sovereign State, securing to our people 
the liberty they have heretofore enjoyed, and which has been so ruthlessly 
wrested from [them] by reckless invaders. 

"Lawrence Sept. 22nd 1855. 

"By order of 'Executive Committee of Kansas Territory.' 

(Signed.) J. H. Lane, Chairman. 

J. K. GOODIN, Sec'y." 

The following is the call, circulated in the form of Posters and sent (to- 
gether with all the labors of the Committee,) by Carrier's throughout the 
Territory. 

"To THE Electors of Kansas Territory. 

"You are hereby notified that an Election will be held in the several elec- 
tion precincts of this Territory, on the Second Tuesday, Ninth of October 
next, for members of a Convention to form a Constitution, adopt a Bill of 
Rights for the people of Kansas, and take all needful measures for organizing 
a State Government preparatory to the admission of Kansas into the Union 
as a State. 

"Per order of 'Executive Committee of Kansas Territory.' 

(Signed.) J. H. Lane, Chairman. 

J. K. GooDiN, Sec'y. 

September 22nd 1855." 

As the Convention at Topeka of 19th & 20th inst. empowered the "Execu- 
tive Committee of Kansas Territory" to "appoint Judges of the Election," 
and "have the general superintendance of the Territory so far as regards the 
organization of a State Government," the following form have been made out 
to secure uniformity throughout the entire Territory: 
"Judges Certificate. 

"Sir: — Having entire confidence in your integrity, patriotism and ability, 
you have been selected and are hereby appointed as one of the Judges of the 

election to be holden in your Precinct in the Territory of Kansas, at 

on the Second Tuesday, (October Ninth,) for Members of a Convention 
to form a Constitution, adopt a Bill of Rights for the people of Kansas, and 
take all needful measures for organizing a State Government preparatory to 
the admission of Kansas into the Union as a State. 

"Lawrence Sept 22nd 1855. 

"Per order of 'Executive Committee of Kansas Territory.' 

J. H. Lane, Chairman. 

J. K. GooDiN, Sec'y." 



The Topeka Movement. 



13 



Poll Book 

Of voters for Delegates to a Convention to form a Constitution for Kansas 
held on this Second Tuesday, the Ninth Day of October, A. D. 1855. 



No. 
1 
2 
3 
4 
5 
6 
7 
8 
9 

10 
11 
12 
13 
14 



Names. 

A. B. 

C. D. &c. 



Names. 



No. 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 



&c 



We the undersigned Judges and Clerks of Election, hereby certify upon 

our oaths, that the number of votes oast at an election held at — — 

Precinct, in Kansas Territory, on the Second Tuesday of October, 1855, it 
being the ninth day of said month, between the hours of 10 O'clock, A. M. 
and 4, O'clock P. M. of said day, "for Delegates to a Convention to form a 
Constitution, adopt a Bill of Rights for the People of Kansas, and take all 
needful measure for organizing a State Government, preparatory to the 

admission of Kansas as a State," to be votes. "We, the Judges 

and Clerks of said election further certify upon our oaths, that the said voters 
were white male inhabitants, citizens of the United States, above the age of 
Twenty One Years, Bona Fide residents of said Territory of Kansas, having 
actually resided therein for the period of thirty days immediately preceeding 
Said Election day." 

October 9th 1855. 



Attest: 



Judges. 



Clerks. 



Tally List 



of votes cast for Delegates to a Convention to form a Constitution for Kansas, 
held on this second Tuesday of October, it being the ninth day of said month, 
A. D. 1855. 

A. B. votes. 

CD. — votes. 

E. F. ■— votes. 

G. H. &c votes. 

"We the undersigned. Judges and Clerks of election, hereby certify upon 

our oaths, that has received votes, has 

received votes, &c. cast at an Election held at 

Precinct, in Kansas Territory, on the second Tuesday, (ninth day) of October 
A. D. 1855, between the hours of 10, O'clock A. M. and 4, O'clock P. M. of 
said day, for Delegates to a convention to form a Constitution, adopt a Bill 
of Rights for the people of Kansas; and take all needful measures for organ- 
izing a State Government preparatory to the admission of Kansas as a State. 
"We, the Judges and Clerks of said Election, further certify upon our 
oaths, that the said voters were white male inhabitants, citizens of the United 
States, above the age of Twenty one years, bona fide residents of said Territory 



14 Kansas State Historical Society. 

of Kansas, having actually resided therein for the period of thirty days im- 
mediately proceeding said Election day. 
October 9th 1855. 



Attest: Judges. 



Clerks. 

List of Judges Appointed by Ex. Committee to Conduct the Election 
ON Tuesday Oct. 9th 1855. 

1st Dist. 

Blanton Precinct Paul Jones 

Julius Eliot 
N. B. Blanton 

Lawrence Precinct Lyman Allen 

[William] Yates 
[M. H.] Spittle 

Palmyra Precinct Salem Gleason 

Henry Barricklow 
Elizur Hills 

Franklin Precinct 



2nd District 

Bloomington Precinct Robert Buffam 

Samuel Waker [Walker] 
G. W. Umberger 

Benicia Precinct P. B. Harris 

O. T. Bassett 

J. H. Shimmonds [ShJmmons] 

3d Dist. 

Topeka Precinct Henry P. Waters 

Milton C. Dickey 
F. L. Crane 

Camp Creek John Kinney 

Hiram Heberling 
W. T. Stout 

Tecumpseh Francis Grassmuck 

C. W. Moffet 
John Morris 

Brownsville W. F. Johnsbn 

John W Brown 
Geo. S. Holt 

Mill Creek 



Washington Eli Allen 

William Riley 
W. R. Frost 

Council City John Drew 

William Lord 



The Topeka Movement. 15 

Jfth Dist. 

Lane C. Howard Carpenter 

Saml Wortman 
William Moore 

Willow^Springs 

5th Dist. 
Bull Creek 



Pottawattamie John T. Grant 

Cyrus Taylor 
David Baldwin 

Ossawattamie William Chestnut 

Samuel H. Houser 
John Yelon 

Big' Sugar Creek Jonah Daniel 

Silas Young 
D. B. Brown 

Little Sugar Creek S. B. Floyd 

D. Reese 
Enoch Estep 

Neosho William Stone 

Thomas Osborn 

Hampden 



Stanton Isaac Woolard 

Martin White 
S. L. Morse 

6th Dist. 

Fort Scott 



Scott.Town T. Crabtree 

Isaac Chatham 

F. S. Froscel 

Columbia Thos. J. Addis 

James Kearnis 
Phillip Cook 

7th Dist. 

Titus Precinct John Drew 

Wm Lord 

Council City John Drew 

Wm Lord 

8th Dist. 

House of A. J. Baker. 
Council Grove John Goodell 

G. H. Rees 
Benj. Wright 



16 Kansas State Historical Societij. 

Waubonse E. R. McCurdy 

S. M. Bisbury 
Daniel B. Hiatt 

Mill Creek 



Ashland . 



9th Dht. 

Pawnee s. P. Higgins 

Wm. M. McClure 
Lemuel Knapp 

10th Dist. 

Big Blue J. Stewart 

Peter Neyhart 
Wm Hanna 

Rock Creek James Darnell 

Charles Jenkins 
Henry Rammelt 

nth Dist. 
Vermillion 



12th Dist. 

St Mary's J. p. Wilson 

Benj. C Dean 
Oscar B. Dean 

Silver Lake John G. Thompson 

John W. Hopkins 
E. R. Kennedy 

13th Dist. 

Hickory Point Dr J. Noble 

G. A. White 
John Belcher 

Pleasant Hill Robert Ward 

Nathan Adams 
William Hicks 

Falls s. H. Dunn 

S. B. Ross 
J. W. Clark 

nth Dist. 

Bur Oak Henderson Smallwood 

A. A. Jamison 

Matthew lies 
Doniphan John H. Whittaker 

T. H Hoffman 

J. Landis 
Palermo Nathan D. White 

Wm Chapman 
Wolf River 



The Topeka Movement. 17 

15th Dist. 

Crosby's Store Wm. Crosby- 
Caleb May 
E Landrum 

House of Jackson Crane .... Charles S. Foster 

Stanford McDaniel 
Jackson B. Crane 

16th Dist. 

Leavenworth 



Easton . 



Wyandott Abelard Guthrie 

Geo. J. [I.] Clark 
Mathias Splitlogs 

Ridge Wm Pennock 

J. A. Lindsey 
N. Lockerman 

1 7th Dist. 

Mission Geo. L. Osborne 

Samuel M. Cornatzer 
Lewis Dougherty 

Wakarusa Lewis H. Bascom 

Ellis Bond 
Albert G. Green 

18th Dist. 

Calafornia 



Office of Ex. Com. Lawrence K. T. 
Oct. 1st 1855. 
Ex. Com. met this morning, and on motion it was unanimously resolved 
that Dr. Chas. Robinson be elected Treasurer of the committee, and that the 
Sec'y be instructed to inform him of his election, and request his acceptance 
of the same. J. K. Goodin Secy. 

Whereupon the following correspondence was had in relation to the 
selection of a Treasurer of the Ex. Com. 

Office of Ex. Com. of Kansas Territory 
To Dr Charles Robinson: Oct. 1st 1855 

Dear Sir: — Having entire confidence in your integrity, patriotism and 
ability, you have been selected, and are hereby appointed Treasurer of the 
Ex. Committee for Kansas Territory, "having the general superintendence 
of the affairs of the Territory so far as regards the organization of a State 
Government," with a desire of your acceptance of the appointment. 

By order of Ex. Com. of K. T. 
Attest: J. H. Lane Chairman. 

J. K. Goodin Secy. 



18 



Kansas State Historical Society. 



Reply. 

Hon. J. H. Lane Lawrence Oct 2nd 1855. 

Dear Sir — I have the honor to acknowledge the reception of your note 
appointing me Treasurer of the "Executive Committee of Kansas Ter- 
ritory" Please accept my thanks for the confidence the Committee have 
placed in me, and my pledge of fidelity to the cause we have espoused, as 
well as to the discharge of the duties of my position to the best of my ability. 
Very Respectfully C. Robinson. 

Oct 2nd 1855 
Ex. Com. met, and by order the following letter was ordered to be written 
to the Governor's of the "United States" the objects of which are therein 
clearly expressed J K GooDiN Secy 

Lawrence Kansas Ter. 

Oct 2nd 1855. 

To His Excellency, Gov. 

Sir: The Squatters of this Territory meet in Convention by their Dele- 
gates in Topeka on the 4th Tuesday of the present month, to frame a Consti- 
tution preparatory to applying for admission into the Union as a Sovereign 
State, and it is deemed important to have all the lights before them possible. 
To this end, I am requested you to furnish to me for their use, a copy 
of your Constitution and debates if they were preserved, of your Convention. 
Being entitled to the franking privilege, you can direct to me postage 
free, and I am authorized to say that in return you will be furnished with the 
proceedings of our Convention when published. 

I trust the subject is of suflficient importance as to challenge your attention. 

Respectfully J. H. Lane 

Chairman of Ex. Com. of K. T. 
By the Chairman J. K. GoODiN Sectj. 

Delegates Elected to the Constitutional Convention 
to be convened on the 23d day of October A. D. 1855 at 12 O'clock. M. 
at the Town of Topeka K. T., the Election for said Delegates being held in 
pursuance of the call made by the Ex. Com. of K. T. 

Districts. Precincts. Delegates. 

1st Council Lane 2. Saml McWhinney 



1st Representative 
17th & 4th Election 

1st Council 
2nd Rep. 
1st Election 



2nd Council 
3rd Rep. 
2nd Election 



3d Council 
4th Rep. 
3d Election 



3d Council 

5th Rep. 

7th & 8th Election 



Lane 

Mission 

Wakarusa 

Lawrence 

Blanton 

Palmyra 



Bloomington 
Benicia 



Washington 
Topeka 
Camp Creek 
Tecumpseh 
Brownsville 
Mill Creek 

Council Grove 
Council City 



Wm Graham 



6. Chas. Robinson 
J. H. Lane 
J. K. Goodin 
G. W. Smith 
Morris Hunt 
J. S. Emery 

4. J. A Wakefield 
A. Curtiss, 
J. M. Tuton. 
H. Burson. 

2. C. K. Holliday 
W. Y. Roberts 



2. P. C. Schuyler 
J. H. Pillsbury 
for J. H. Nesbitt 



The Topeka Movement. 



19 



5th Council 
7th Rep. 
5th Election 



4th Council 
6th Rep. 
6th Election 

6th Council 

8th Rep. 

9th & 10th Election 

6th Council 

9th Rep. 

11th & 12th Election 

10th Council 
10th Rep. 
13th Election 

10th Council 
14th Rep. 
16th Election 



Bull Creek 
Pottawatamie 
Ossawatamie 
Big Sugar Creek 
Little Sugar Creek 
Neosho 
Hampden 
Stanton 

Ft Scott 
Scott Town &c 



Pawnee &c 



St Mary's 
Silver Lake 



Hickory Point 
Pleasant Hill 
Falls 

Leavenworth 
Easton 
Wyandott 
Ridge 



7th Council Doniphan 

11th Rep. Palermo &c 

Wolf River & Doniphan 
Precincts of 14th Election 

8th Council Bur Oak 

12th Rep. Calafornia 

Bur Oak Precinct of 14th &c 

Election Dist, 
Whole of 18th Election 

Dist, 
(small part of 15th Dist, 

voting at Doniphan) 



9th Council, 
13th Rep, 
15th Election. 



Crosby's Store 

House of Jackson Crane 



8. W. T. Turner 
James M. Arthur 
W. T. Morris 
O. C. Brown 
Rich'd Knight 
Fr. Brown 
H. Smith 
W. G. Nichols 

4. James Phenis 
A. Vandevere 
Dr. Burgess 

2. Robt Klotz 
A. Hunting 

2. M. F. Conway 
J. G. Thompson 

2. George Hillyer 
J. Whitney 

6. M. J. Parrott 
Robt Riddle 
Matt France 
S. N. Latta 
D. Dodge 
M. W. Delehay 

4. G. A. Cutler 
John Landis 

C. W. Stewart 

D. W. Field 



4. James S. Sayle. 
R. H. Crosby. 
Caleb May. 
Sanford McDaniel. 



In consequence of there being no Delegates elected from the 8th Council 
Dist, the Chairman of the "Ex. Com." caused to be issued the following 

Proclamation. 

Whereas that portion of the 14th Election Dist. in which is situated Bur 
Oak and Wolf River Precincts is not represented in the Constitutional Con- 
vention now in session at Topeka, on account of a misunderstanding of the 
Electors in the place of voting, the qualified voters are respectfully requested 
to assemble at the above precincts on the 6th day of October next, and then 
and there cast their ballots for 3 delegates to represent them in the Conven- 
tion aforesaid under the regulations and restrictions as set forth in the proc- 
lamation of the Ex. Com. of K. T. of date 22nd September 1855. 

By order of Executive Committee of Kansas Territory this 25th day of 
October A. D. 1855 

J. K. GooDiN Sec'y. J. H. Lane Chairman. 



20 Kansas State Historical Society. 

A like proclamation was also issued the same date to the voters of the 6th 
Council district for the Election of One Delegate to supply the vacancy 
occasioned by the resignation of J. H. Pillsbury. 

TOPEKA Oct 28th 1855 

Committee met, members all present except G. W. Brown, when upon 
motion of G. W. Smith the following resolution was passed. 

" Resolved.— That William Hicks, A. J. Whitney, and Geo. S. Hillyer 
having each been voted for in the 13th Representative Dist. as delegates to 
the Constitutional Convention of Kansas, each having had an equal number 
of votes, and A. J. Whitney not appearing to claim or contest his seat, having 
prior to the election declined being a candidate, and being now absent from 
the Territory — that George S. Hillyer, and William Hicks be and are hereby 
declared the duly elected delegates to the said Convention." 

Committee Adjourned. J. K. Goodin Sec'y 

ToPEKA Nov 10th 1855. 

Committee met, present Lane, Holliday, Parrott, Smith & Goodin. 
On motion of Mr. Parrott it was ordered that the permanent office of the 
Ex. Com. of Kansas Ter. be established at Topeka until further ordered, 
and the regular sessions of the committee be held upon the 2nd and 4th 
Saturday's of each month, and that C. K. Holliday be instructed to rent 
an office and have the same prepared for our next meeting. On motion of 
C. K. Holliday E. C. K. Garvey was elected Assistant Secretary of the 
meeting. 

Mr Garvey made a proposition to the Com. to rent them the front room 
in his new brick building at the rate of $100 per annum; to make a solid 
petition through the same and furnish the office with carpet and furniture, 
desk, stove and fuel — the proposition was accepted. Com. adjourned. 

J. K. Goodin Secy. 

Topeka Nov. 24th 1855. 
Committee met, present, Lane, Smith, Holliday & Goodin. The following 
Proclamations were prepared submitted, passed, and ordered to be printed 
and circulated by couriers. 

Proclamation. 
Constitution and General Banking Law. 

By authority invested in me as Chairman of the Executive Committee of 
Kansas Territory, I do hereby proclaim and make known, — That the qualified 
voters of said Territory will meet at the several precincts hereinafter men- 
tioned, on the 15th Day of December A. D. 1855. And then and there cast 
their ballots for or against the Constitution framed by the Convention 
which met at Topeka on the 23d day of October 1855, in the following form: 
Those in favor voting a ballot upon which is written or printed Constitution, 
those against No Constitution. 

At the same time and places they will cast their ballots approving or dis- 
approving an article in relation to a General Banking Law framed by said 
Convention, which article is submitted as a distinct proposition, to be voted 
upon by casting a written or printed ballot in the following form General 
Banking Law — Yes; those against General Banking Law — No. 

If a majority of the votes cast shall be in favor of said article, then the 
same shall form a part of the Constitution, — otherwise, it shall be void, and 
form no part thereof. 

(Here follows the Election precincts and Judges of Election as laid down 
in the Constitution) (Also the instructions to Judges and qualification of 
voters as copied from the Constitution.) 



The Topeka Movement. 



21 



Blanks. 

Printed forms of Poll books, tally papers and tickets will be furnished to 
the officers of each election precinct. 

The importance of the election will doubtless induce you to observe the 
forms transmitted, and scrupulously adhere to the rules herein recited. It 
is confidently expected the people of Kansas will be permitted to exercise 
the right of suffrage upon so vital a subject as their first Constitution, with- 
out interference from foreign invaders; if however, you are disappoioted in 
this, and any attempt should be made to pollute the Ballot Box by force 
or otherwise, the Judges will unhesitatingly exercise the authority vested 
in them, and adjourn or remove the polls to such time and place as in their 
judgment will secure a legal election. 

Given under my hand at the office of the Executive Committee of Kansas 
Ter. this 24th day of Nov. A. D. 1855. 

J. K. GooDiN, Sec'y. J- H. Lane Chairman 

Proclamation. 

Black Laws. By authority vested in me as Chairman of the Executive 
Committee of Kansas Territory — I do hereby proclaim that the qualified 
electors of Said Territory will, on the 15th day of December A. D. 1855 
express their approval of the passage of laws by the General Assembly 
providing for the exclusion of Free Negroes, from the State of Kansas, in 
the following manner: by voting at said election a written or printed ticket 
labelled Exclusion of Negroes and Mulattoes "Yes." or "No." those 
in favor voting "Yes," and those against "No." The result of such vote 
to operate as instructions to the First General Assembly upon that subject. 
The said votes to be received by the same Judges, and the election conducted 
as provided in the Proclamation of even date herewith, in refference to the 
Constitution and General Banking Laws. 

Given under my hand at the office of the Executive Committee of Kansas 
Ter. at Topeka, this 24th day of Nov. A. D. 1855 

J. K. GoODiN Sec'y. J. H. Lane Chairman. 

Poll Book 

Of voters who have cast their ballots at an election held on the 15th day of 

December A. D. 1855, at Precinct, in District No in Kansas 

Territory, on the adoption or rejection of a Constitution for the State of 
Kansas, and upon the General Banking Law Clause and Black Law Pro- 
position. 





No 


Names of Voters 


No 


Names of Voters 




1 
2 
3 
4 
5 


A. B 
C. D. 
E. F. 
G. H. 
L J. 


6 
7 
8 
9 
10 


K. L. 

M. N. 
0. P 
Q. R. 
S. T. 



We the undersigned Judges and clerks of election hereby certify upon 

our oaths, that the whole number of votes cast at an election held at 

Precinct in District in Kansas Territory, on the 15th day of 

December A. D. 1855, for the adoption or rejection of a Constitution, the 
seperate article in relation to a General Banking Law, framed by the Consti- 
tutional Convention which assembled at Topeka on the 23d day of October 
1855, for the State of Kansas, and the independant proposition in relation 
to instructing the first General Assembly on the subject of Negroes and 

mulattoes, to be in number ; and we further certify that the said voters 

were bona fide citizens of the United States, above the age of 21 years, and 
actual residents of the Territory of Kansas, for 30 days immediately pre- 
ceeding this election, and still continue the same as their home and residence. 
Attest: 



Clerks. 



Judges. 



22 



Kansas State Historical Society. 



Tally List 

Of votes cast at an election held on the 15th day of December A. D. 1855, 

at Precinct, in District No in Kansas Territory, on the 

adoption or rejection of a Constitution for the State of Kansas,^and upon 
the General Banking Law Clause, and Black Law Proposition. 







Ajl/)^r— oVc 



miMmM^YjIum- %a. 



jV-a;lfD(ViAi)liiuii(^ 



#. . . aV - ^^ 



IW 



M 



L 



/ 



=- /^ 



0U^ii'lHtLuA'v 



JT 



^ 



^-ML 



W "V/V 



We the undersigned Judges and Clerks of Election, hereby certify upon 

our Oaths, that the whole No. of votes cast at election held at 

Precinct in District, in Kansas Territory, on the 15th day of 

December A. D. 1855, for the adoption or the rejection of a Constitution 
framed by the Constitutional Convention which assembled at Topeka on 
the 23d day of October A. D. 1855, for the State of Kansas, to be in number 

as follows: — Constitution No Constitution . We further certify, 

that the whole number of votes cast at said election approving or disapproving 
an Article in relation to a General Banking Law, submitted as a distinct 
proposition, to become a part of said Constitution — if adopted by a majority ■ 

of the People, — to be in number as follows: General Banking Law — Yes 

General Banking Law— No . We further certify, that the whole number 

of votes cast at said election, approving or disapproving the passage of 
stringent Laws by the General Assembly for the Exclusion of Free Negroes 
and Mulattoes from the State of Kansas, the result of said vote to operate 
as instructions to the first General Assembly, to be in number as follows: 

Exclusion of Negroes and Mulattoes, Yes • Exclusion of Negroes and 

Mulattoes, No . And we further certify that the said voters were 

bona-fide citizens of the United States, above the age of twenty one years, 



The Topeka Movement. 23 

and actual residents of the Territory of Kansas for thirty days immediately 
preceeding this election, and still continuing the same as their home and 
residence. 



Clerks. Judges. 

Arrangements were perfected by the Committee for a complete and 
thouroug canvass of the Territory. The Ter. was divided into Five Districts 
and Show Bills ordered to be printed giving notice of the time and places 
where mass meetings would be held. Some 70 Speakers are to be enlisted 
in canvassing for the Coming Election. 

Nov. 27th. 

On motion it was ordered that the Chairman of the Ex. Com. be instructed 
to cause to be published a Proclamation, setting apart the 25th Day of 
December next as a day of Thanksgiving and prayer throughout the State, 
and calling upon the citizens to give observance to the same. Pursuant 
to the above order the Chairman has issued for publication the following 

Proclamation. 
For a Day of Public Thanksgiving and Praise. 

In pursuance of a long established usage, which has always found a cheer- 
ful acquiescence in the hearts of a grateful people, and by direction of the 
Executive Committee of Kansas Territory, I do hereby appointment and 
set apart Tuesday the 25th day of December next, to be observed by the 
people of Kansas, as a day of public Thanksgiving and praise. 

While insult, outrage, and death has been inflicted upon many of our 
unoffending citizens, by those whom we desire to recognise as brothers, while 
the attempt is being made to inflict upon us the most galling and debasing 
slavery, our lives have been spared, and a way pointed out by which, with- 
out imbuing our hands in blood, we can secure the blessings of Liberty and a 
Good Government. The fields of the husbandman have yielded abundantly, 
and industry in all its channels have been appropriately rewarded. For 
those and the innumerable blessings we are enjoying, let our hearts be 
devotedly thankful. From every altar let Thanksgiving and Songs of Praise 
ascend to that God from whom these blessings flow. Let the occasion be 
improved by the people of Kansas, for the advancement of Freedom, Virtue 
and Christianity, — let the poor be remembered and relieved, and the day be 
wholly spent as Wisdom shall direct, and God approve and bless. 

Given under my hand, at the office of the Executive Committee of Kansas 
Territory, in the City of Topeka, this 27th day of November, A. D. 1855. 

J. K. GooDiN Sec'y. J. H. Lane Chairman. 

In order that there may be a complete and acurate history of the progress 
and advancement of the movement of the people of Kansas in the formation 
of their State Government, the Sec. was ordered to make a minute of the 
first issue of certificates of indebtedness giving the authority therefor. 

On the 10th day of Nov. inst: the first certificate was issued in form 
hereinafter given, under the sanction and by the authority of the Constitu- 
tional Convention which assembled at Topeka on the 23d day of October 
A. D. 1855, which authority reads as follows: 

"Certificates of indebtedness may be issued by the Territorial Executive 
Committee for all necessary expenses accruing in the formation of a State 
Government not exceeding Twenty Five Thousand Dollars. Provided 
No certificates shall be issued except for legitimate expenses. All claims 
shall be made in writing, and shall be numbered and Kept on file in the 



24 



Kansas State Historical Society. 



Secretary's Office; and all certificates of indebtedness shall be signed by the 
Chairman and Secretary, and countersigned by the Treasurer, and numbered 
to correspond with the numbers of the claim or bill for which it was issued. 

The certificates shall bear ten per cent interest per annum" 
The form of Certificates issued by the Committee is as follows: 



V^Sc CxitnliDt (To nm iiu » 








TREASURY WARRANT ISSUED BY THE EXECUTIVE COMMITTEE. 
(Facsimile of original belonging to the State Historical Society.) 

LAWRENCE Dec 9th 1855 
Com. Met present Lane, Holliday Smith, Brown, Parrott & Scuyler. 
Moved by G. W. Brown that the Ex. Committee appoint 5 delegates to 
travel in the States to urge the cause of Kansas upon the people and induce 
emigration to the Territory, Carried. The following persons were selected 
W. Y. Roberts, Dr. James Davis, P. C. Schuyler, Geo. W. Brown, and 
M. J. Parrott were selected. 

On motion it was ordered that the Sec'y be instructed to issue the sum 
of $200.00 Certificates to each of the five delegates appointed. Carried. 

E. C. K. Garvey Assi Secy. 

Lawrence D c. 23d 1855, 

In the absence of the Chairman C. K. Holliday was elected Ch'n pro-tem. 
A letter from Eli Thayer proposing to furnish the Militia of the Territory 
with 1000 Stand of improved arms for 12000$ Kansas Certificates of in- 
debtedness was lain before the Committee. 

On motion of G. W. Smith, Mr. G. W. Brown was instructed to cor- 
respond with Mr. Thayer accepting the proposition. 

A motion was made by Mr. Brown to re-issue to James Redpath the 
sum of $174, certificates which he Redpath claims to have lost; the Com- 
mittee instructed the Secretary to require in this and all simillar cases an 
affidavit of the person who claim a reissue for lost Certificates. 

Adjourned until to-morrow morning at 9 O'clock 

J. K. GOODIN Sec. 



The Topeka Movement. 25 

Lawrence Dec. 24th 1855. 
Com. met present Lane, Brown, Smith Holliday & Goodin. 
On motion C. K. Holliday was appointed Historian of the late Kansas 
difficulties, with full power to dispose of the Copy Right. The com. spent 
the ballance of the day in auditing accounts and preparing Proclamation 
and Election papers for the Coming Election. 

Lawrence 27th Dec 1855 
Com. in Session. The following proclamation announcing the result of 
the Election on 15th Dec. inst and proclamation calling an Election for 
State Officers and Members of the General Assembly were presented, dis- 
cussed, and ordered for publication. 

Proclamation. 

At an election hoi den on the fifteenth day of December, 1855, to deter- 
mine, by ballot, for or against the adoption of a Constitution for the State 
of Kansas, framed by a Convention of Delegates which assembled at Topeka, 
on Tuesday the 23d day of October, 1855, it doth appear by the returns of 
said election now on file in the Office of the Executive Committee, that a 
majority of all the votes cast, are in favor of the said Constitution. 

Now, therefore, by virtue of authority in me vested as Chairman of the 
Executive Committee of Kansas Territory, I do hereby proclaim and make 
known, that the Constitution framed by the said Topeka Convention, has 
been ratified by the qualified voters of Kansas Territory, and I do now 
declare the same to be the Constitution of the State of Kansas. 

And I do further proclaim and make known, that, of all the votes cast at 
the aforesaid election, "for" and "against" a seperate and distinct article, 
on the subject of Banking, a majority are in favor of, a General Banking 
Law, as ascertained by the returns of said Election, now on file in the office 
of the Executive Committee, and I do now declare the said Article, to be a 
part, of, the Constitution of the State of Kansas. 

And I do further proclaim and make known that of all the votes cast, 
at the aforesaid election, "for" and "Against" "the passage of laws by the 
General Assembly, providing for the Exclusion of free negroes from the 
State of Kansas . . . the result of such vote to operate as instructions 
to the First General Assembly, upon that subject," a majority are in favor of 
"Exclusion," as ascertained by the returns of said election now on file in the 
office of the Executive Committee. 

Given under my hand, at the office of the Executive Committee of Kansas 
Territory, at the City of Topeka, this 27th day of December, A. D. 1855 
Attest. J. H. Lane Chairman 

C. K. Holliday Sec. pro tern. 

Proclamation. 

By virtue of authority in me vested as Chairman of the Executive Com- 
mittee of Kansas Territory, I do hereby proclaim and make known, that the 
qualified voters of Kansas will meet at the several precincts hereinafter 
mentioned, on the 15th day of January A. D. 1856, and then and there 
elect — 

One person for Governor. 
One " " Lieutenant Governor, 
Secretary of State, 
Auditor of State, 
Treasurer of State, 
Attorney General, 
Three " " Judges of the Supreme Court, 
One " " Reporter of the Supreme Court, 
Clerk of the Supreme Court, 
Public State Printer, 
Representative to Congress, 
At the same time and places, they will also elect Twenty persons for 
Senators, and Sixty persons for Representatives to the General Assembly 
of the State of Kansas, to be apportioned among the several Districts as 

follows: to wit: 



26 Kansas State Historical Society. 

Senatorial and Representative Districts 

1st — The first Election District shall be entitled to Three Senators and 

Eight Representatives. 
2nd — The Second Election District shall be entitled to One Senator and 

Three Representatives. 
3d — The Third Election District shall be entitled to One Senator and Three 

Representatives. 
4th — The Fourth and Seventeenth Election Districts shall constitute the 

Fourth Senatorial and Representative Districts, and be entitled 

to one Senator and Two Representatives. 
5th — The Fifth Election District, shall be entitled to three Senators and 

Two Representatives 
6th — The Sixth, Seventh and Eighth Election Districts shall constitute the 

Sixth Senatorial & Representative District & be entitled to Two 

Senators and Five Representatives 
7th — The Ninth and Tenth Election Districts shall constitute the Seventh 

Senatorial District, and be entitled to one Senator and four Repre- 
sentatives. 
8th — The Eleventh and Twelfth Election Districts shall constitute the 

Eighth Senatorial & Representative District, and be entitled to one 

Senator and three Representatives 
9th — The Thirteenth Election District, shall constitute the Ninth Senatorial 

and Representative District and be entitled to One Senator and 

Two Representatives. 
10th — The Fourteenth and Eighteenth Election Districts, shall constitute 

the Tenth Senatorial and Representative District and be entitled 

to two Senators and seven Representatives 
11th — The Fifteenth Election District, shall constitute the Eleventh Sena- 
torial and Representative District, and be entitled to one Senator 

and Five Representatives 
12th — The Sixteenth Election District, shall constitute the Twelfth Senatorial 

and Representative District, and be entitled to Three Senators and 

Nine Representatives. 
Until otherwise provided by law, the Election in the Several Districts 
shall be held at the following places, and the following named persons are 
hereby appointed as Judges of the Elections. 

(Here follows the names of the precincts and Judges as laid down in the 
Constitution and heretofore recited in this record.) (See proclamation on 
file.) (Here follows also the General Instruction to Judges of Election, also 
the qualifications of voters.) 

Blanks, printed forms of poll books, tally papers, and tickets will be 
furnished to the officers of each precinct. 

The importance of the election will doubtless induce you to observe the 
forms transmitted, and scrupulously to adhere to the rules herein recited. 

Given under my hand at the office of the Executive Committee of Kansas 
Territory, at Topeka, this 27th Day of December, A. D. 1855. 

J. H. Lane, Chairman. 

C. K. HOLLIDAY, Sec. pro-tern. 

Lawrence Jan. 16th 1856. 

Committee met, present Lane, Smith, Brown Holliday & Goodin. 

On motion of J. H. Lane. Messrs G. W. Smith, Turner Sampson, M. C. 
Dickey, Morris Hunt, J. S. Emery, C. K. Holliday, & J. K. Goodin were 
appointed General Agents to visit the several states of the Union, to ask 
appropriations of munitions of war and means for the defence of the citizens 
of Kansas, and that the Secretary be instructed to issue to each of the Agents 
who will depart upon their mission the sum of $200.00 Certificates of in- 
debtedness to bear their expenses, and furnish to them the usual commissions. 



The Topeka Movement. 27 



r^/mmsntaiasa^x^insn. 



1 fl*-*'^/ V -?^ / 




>f^ ^^^ As^ /O' < -X WJ' . 













TREASURY WARRANT ISSUED BY THE EXECUTIVE COMMITTEE. 
(Facsimile of original belonging to State Historical Society.) 

On motion of J. K. Goodin, the vote upon the acceptance of a proposition 
to purchase 1000 stand of arms was recinded & the agency given to Mr. G. W. 
Brown in relation thereto, was revoked. The grounds for the motion, were, 
that since the former order was made by the Committee, a letter had been 
received from Mr. Thayer proposing a loan of the Arms without asking any 
remuneration therefor. 

On motion of C. K. Holliday it was ordered that the Chairman at the 
earliest moment appoint a Committee of three (himself being one of that 
number) to convey to Washington City the Constitution, in order that it be 
speedily laid before Congress. 

Several bills being before the Committee for printing, On motion J. K. 
Goodin, Brown and Elliott were appointed a committee to so equalize the 
prices for printing, that there may be uniformity in the bills for printing 
which may be presented. 

The Committee reported as follows and were discharged. 

"Resolved: That the prices fixed upon by the Constitutional Conven- 
tion, shall be adopted in the passage upon further bills for printing. 

Signed. J. K. Goodin, 

G. W. Brown, 
R. G. Elliott. 

An account was presented in favor of William N. Baldwin for Boarding 
& attendance upon D. Buffam a wounded soldier in the invasion Nov. & 
Dec. last. The Secretary refused to allow the account for the reason that it 
was not a "necessary expenditure accruing in the formation of a State Gov- 
ernment." The Committee over-ruled the Secretary by a yea & nay vote as 

follows : 

Yeas Nays 

Lane Goodin, 

Holliday Brown, 

Smith 
So the account was allowed. 



28 



Kansas State Historical Society. 



On motion of G. W. Smith Certificates of indebtedness for part pay 
services as members of the Executive Committee were voted as follows: 

J. H. Lane $200.00 

G. W. Smith 200.00 

J. K. Goodin 200 . 00 

C. K. HoUiday 100.00 

G. W. Brown 50 . 00 

Committee Adjourned J. K. GooDiN, Sec. 

Lawrence Jan. 19th 1856 
Committee met present Lane, Brown, HoUiday Smith & Goodin 
On motion of J. H. Lane the following instructions were given to the 
General Agents appointed by the Committee to visit the States: 

"Office of the Executive Committee of Kansas Territory 

Lawrence 19th Jany. 1856 
Sir: By virtue of Authority vested in us as the Executive Committee of 
Kansas Territory, the Free State Ex. Com, and the Committee of Safety, 
for the Territory, you are hereby appointed a special Agent to visit the 
United States for the purposes following to wit: 

1st To ask no direct contributions for money, but to urge upon the 
citizens of the several states the creation of a fund to meet the expenses in- 
curred by the people of Kansas in their defence against Foreign Invasion, 
the protection of their lives and property from Lawless Depredations, 
and other expenses connected with the interests of Kansas, said fund to be 
deposited in some safe Bank in the locality of its creation — placed to the 
credit and subject to the order of Charles Robinson, J. H. Lane & J. K. 
Goodin and G. W. Deitzler, to be disbursed by them as they deem necessary 
for the purposes above named. 

2nd To urge the immediate enrollment of all persons willing to aid the 
citizens of Kansas, in the protection of their lives, property and rights against 
all future invasion from a Foreign Foe. 
Signed J. H. Lane 

Ch 'n of Ex. Com. 
C. Robinson 

Ch'n of Safety, of Free State Ex. Com & Treas 
Ex. Com. K. T. 
Geo. W. Deitzler 

Secy Com. of Safety 
J. K. Goodin 

Sec. Ex. Com. K. T. & Free State Ex. Committee. 










certificate free-state KANSAS FUND. 
(Facsimile of original belonging to State Historical Society.) 



The Topeka Movement. 29 

Private instructions were also given in manner following to wit: 

Sir: You are hereby instructed in your route to visit 

(The different States are here mentioned.) Spend a few days in Washington 
City, and return to Kansas at an early day. If you should recieve authentic 
information of an invasion, return instanter with as many emigrants as you 
can induce to join you 

(Signed as above) 

The General agents were given the following to be dispatched to the 
President of the United States. 

Lawrence City K. T. Jan. 21st 1856 
To Franklin Pierce President U. S. 

Sir: We have authentic information that an overwhelming force of the 
citizens of Missouri are organizing upon our borders, amply supplied with 
artillery for the avowed purpose of invading this Territory — demolishing 
our towns, and butchering our unoffending Free Sta e Citizens We respect- 
fully demand on behalf of the Citizens of Kansas, that the Commander of 
the U. S. Troops in this vicinity, be immediately instructed to interfere to 
prevent such an inhuman outrage — Resp'fiy. Signed J. H. Lane c/i'n 
J. K. GooDiN Secy 

The following is the form of Commissions prepared for the Agents: 

Kansas Territory 

To the People of the United States — Greeting: 

Whereas, The Executive Committee of Kansas Territory, invested with 
full authority from the People of said Territory in General Convention 
Assembled, and approved by the Constitutional Convention, have appointed 
and by these Letters do appoint 

A B 

an Agent of the said Executive Committee, and a Representative of the said 
Territory of Kansas, to The people of the United States, the several Legisla- 
tures of the respective States, the Representatives in Congress, and the Heads 
of the several Departments, to present to them the True condition of said 
Territory of Kansas, its claims for admission into the Union as a 

sovereign state, 

and to procure arms and means for protection against all further invasion. 
These, therefore. Are to request all persons interested to Receive our 
Said Agent in the above capacity, and extend to him and his associates, all 
the aid and encouragement in their power. 

In witness whereof — , I have hereunto set my hand at Lawrence the 19th 
day of January A D 1856 

Signed J. H. Lane Chairman 

J. K. Goodin Sec'y 

Below will be found the public instructions given to G. W. Smith, J. S. 
Emery, Turner Sampson, A. H. Mallory, M. F. Conway, Samuel C. Smith, 
Morris Hunt and J. H. Lane who were appointed to visit the States as per 
the Commission above: 

Office of Executive Committee of K. T. 

Lawrence January 19th 1856 

Sir: By virtue of authority vested in us by the Executive Committee 
of Kansas Territory, and the Committee of Safety for the Territory, You are 
hereby appointed a special Agents to visit the United States for the purposes 
following to wit: 

1st To ask no direct contribution for money, but urge upon the citizens 
of the several States the creation of a fund to meet the expenses incurred by 
the people of Kansas in their defence against foreign invasion, the protection 
of their lives and property from Lawless Depredations and other expenses 



30 Kansas State Historical Society, 

connected with the interests of Kansas, said fund to be deposited in some 
safe Bank in the locality of its creation, placed to the credit, and subject to 
the order of Charles Robinson, J. H. Lane, J. K. Goodin, and G. W. Deitzler, 
to be disbursed by them as may be deemed necessary for the purposes above 
named 

2nd To urge the immediate organization and enrollment of all persons 
willing to aid the Citizens of Kansas, in the protection of their lives, property, 
and rights, against all future invasions of our Territory from a foreign Foe. 
Signed J. H. Lane 

Ch'n of Ex. Com. K. T. 
J. K. Goodin 

Sec. Ex. Com. K. T. 
C. Robinson 

Ch'n Com. Safety and Treas. Ex. Com. K. T. 
G. W. Deitzler 

Sec. Com. Safety 



^^^'»^^; 




^^^ 



TO THE PEOPLE OF THE 



uiiTED smES-"&mTii&: 

® ^, f r t a s , 3t &-<-.».„. 4c.,.,^, ^ 3Sa.a.i 3.ju^, i.«»u „i |i cA^,^ |».,. L 

PEOPLE «\ ^. '3.».><.>2 •-- uiiHaRAL CGNVEHTiuri ASSEMBLED. 

6. vai. BROWN, Bsa., 

.«>, I. THE PEOPLE J^ L, UNITED STATES, L.^^ I^Oju.- J^ i^ ^^. 

CJcSt, ^\tXtiaXt, "i^i^ .yj .« ^-->~' -i«.aJ, w nECE! YE OUR 
SAID AGENT IN THE ABOVE CAPACITY, ::;i ..u.i, u U .A L.\^^ 1 

Dk^ <ud' and? MKoiUoaiw^Wt u>' lVuk_ ktc 



Jn tSilncM tDljcrtof. 1 bAT« b«r«unto set my huid ftt Lawrence, the 
Tsicn Dxr or Dtcuum, A. D. I86S. r 




OFFICIAL CERTIFICATE OF G. W. BROWN. 
(Facsimile of original belonging to State Historical Society.^ 



The Topeka Movement. 31 

The following are the private instructions given the Agents: 



Messrs 



Gentlemen, you are hereby instructed to visit and canvas the States of 



and return to Kansas at an early day. If you should receive authentic in- 
formation of an invasion, you will return without delay, with as many 
emigrants as you can induce to attend you. 
Signed J. H. Lane 

Chairman of Ex. Com. of K. T. 
C. Robinson 

Pres't Com. Safety 

J. K. GOODIN, 

Sec. Ex. Com. K. T. 
G. W. Deitzler 

Com. of Safety 

Office of Executive Committee of K. T. 

Lawrence Jany, 20th 1856 
The Agents were each authorized to forward to the President of the 
United States the following dispatch: 

Lawrence City, K. T. Jany 21st 1856 
To Franklin Pierce President of the U. S. 

Sir: We have authentic information that an overwhelming force of the 
citizens of Missouri are organizing upon our borders, amply supplied with 
artillery, for the avowed purpose of invading this Territory, — demolishing 
our towns — and butchering our unoffending Free State Citizens, 

We respectfully demand on behalf of the Citizens of Kansas, that the 
commandments of the United States troops in this vicinity be immediately 
instructed to interfere to prevent such an inhuman outrage. 
Signed J. H. Lane 

•Ch.n Ex. Com. of K. T. 
C. Robinson 

Ch.n Com. Safety. 

J. K. GOODIN 

Sec. Ex. Com. of K. T. 
Geo. W. Deitzler 

Sec. Com. Safety. 

January 30th 1856. 
Information having been given to the Ex. Committee that Moses M. 
Robinson member elect of the General Assembly from the Third District, had 
on the 23d inst: deceased the committee to fill the vacancy thus occasioned 
issued the following 

Proclamation. 

Whereas, Moses M. Robinson of the Third Representative District was 
elected a Representative of the General Assembly at a regular election held 
in the several precincts of said District in accordance with the provisions of 
the Constitution recently adopted by the people of Kansas; and whereas, 
on the 23d inst: the said MosES M. Robinson deceased; thus creating a 
vacancy; — therefore, by authority vested in me, I do proclaim and give 
notice that an election will be held in the several precincts in the said 3d 
District for one Representative to fill the vacancy aforesaid, on Saturday 
the 9th day of February A. D. 1856. 

Given under my hand at the office of the Executive Committee of Kansas 
Territory, this 30th day of January A. D. 1856. 

By the Chairman J. H. Lane. 
J. K. GoODiN Sec'y. 



32 Kansas State Historical Society. 

Also, Information being given the Committee that Hon. R. P. Brown of 
the Twelfth Senatorial and Representative Districts who was a Representa- 
tive Elect, deceased on the 18th of Jany, The Chairman of the Committoe 
was instructed to issue the following 

Proclamation. 

Office Executive Committee 

Lawrence Feb 7th 1856. 
The voters of the 12th Senatorial District of Kansas Territory, are hereby 
notified that an election will be held at Easton on Saturday, the 23d of Feb- 
ruary A. D. 1856 to elect a member of the House of Representatives to fill 
the vacancy occasioned by the butchery of R. P. Brown Esq. 
Given under my hand the day and year above written. 

J. H. Lane Ch'n Ex. Com. K. T. 
J. K. Goodin, Secretary. 

Lawrence Feb. 7th 1856. 

By reason of an anticipated invasion from the residents of adjoining 
States, which has, in view of our situation, and the peace, quiet, and protec- 
tion of our Citizens, rendered it necessary that we should prepare ourselves 
as fully as possibly for self defence, the Executive Committee feel called upon 
as the servants of the people to make, in the absence of other authority — 
orders as follows: 

1st That the Executive Committee of Kansas Territory do hereby ap- 
point and commission a 

First Major General who shall be Commander in Chief, 

A Second Major General, 

A Brigadier General, 
together with such other officers as may be deemed necessary for the per- 
fecting of a military organization for our protection as Citizens of Kansas, 
against foreign aggression & intestine war. 

The follow[ingl appointments were made and commissions issued as fol- 
lows 

Lawrence Feb 7th 1856 
Office Executive Committee K. T. 
Feby 7th 1856 
Maj. Genl James H. Lane 

Sir The Executive Committee of K. T. have this day appointed you to 
the position of 2nd Major General in the service of the People of said Ter- 
ritory, And you are hereby authorized and instructed to take such steps in 
Connexion with 1st Maj Genl and Commander in Chief Charles Robinson 
to carry out such military organization as you may in your judgments deem 
proper for the protection of the people from foreign invasion and intestine 
war. 

Done at the office of the Executive Committee of Kansas Territory the 
day and year above written 

C. K. HOLLIDAY 

Chm Ex Com K. T. Pro tem 
J. K. Goodin Secy 

A similar commission to Charles Robinson as 1st Major General and 
Commander in Chief, & to C. K. Holliday as Brigadier General were issued — 
Commissions were also given Gaius Jenkins and Milton C. Dickey as Col- 
onels as follows. 



The Topeka Movement. 33 

Office of Executive Committee K. T. 

Lawrence Feb. 7th 1856 

By authority given me by the Executive Committee of Kansas Territory 
You are hereby appointed, (having full confidence in your patriotism and 
bravery,) to organize and equip a batallion of mounted men for the protec- 
tion of the State Government, and the Citizens of Kansas. And the people 
aforesaid are hereby requested to respect you in your position, and aid you 
in perfecting the organization 

Given under my hand this Seventh day of February A. D. 1856 

To 

J. K. GOODIN Sec'y J. H. Lane Ch'n Ex. Com. K. T. 

Proclamation. 
Announcing Result of Election for State Officers. 

By authority vested in me as chairman of the executive Committee of 
Kansas Territory, I do hereby proclaim that an election held in the different 
precincts of said Territory on the 15th day of January 1856, as provided for 
by the Convention which met at Topeka to "frame a Constitution, adopt a 
Bill of Rights for the people of Kansas, and to take all needful steps toward 
the formation of a State Government preparatory to the admission of Kansas 
into the Union" that Charles Robinson having received the highest number 
of votes cast at said election, has been chosen Governor, and that W. Y. 
Roberts having received the highest number of votes cast at said election 
has been chosen Lieut. Governor; and that Philip C. Schuyler having re- 
ceived the highest number of votes cast at said election, was chosen Secretary 
of State; that G. A, Cutler having received the highest number of votes cast 
at said election, was chosen as Auditor of State; and that J. A. Wakefield 
having received the highest number of votes cast at said election, was chosen 
Treasurer of State and that H Miles Moore having received the highest 
number of votes cast at said election was chosen Attorney General; and that 
S. N. Latta, Morris Hunt & M. F. Conway having received the highest 
number of votes cast at said election, were chosen as Judges of the Supreme 
Court; and that S. B. Floyd having received the highest number of votes 
cast at said election, was elected Clerk of the Supreme Court; and that E. M. 
Thurston having received the highest number of votes cast at said election, 
was chosen as Reporter of the Supreme Court; and that John Speer having 
received the highest number of votes cast at said election, was chosen as 
State Printer. 

And I do hereby proclaim, that the same are hereby elected to the posi- 
tions mentioned, and that they be and appear, as provided in the Constitu- 
tion after mentioned, at the City of Topeka Kansas on the 4th A. D. 1856. 

Given under my hand at the Office of the Executive Committee of Kansas 
Territory this 6th day of February A. D. 1856. 

J. K. GooDiN Secretary J. H. Lane Ch'n Ex. Com. K. T. , 

Proclamation 

Office Executive Committee 

Lawrence K. T. Feby 8, 1856 

By authority invested in me as Chairman of the Executive Committee of 
Kansas Territory, I do hereby proclaim, that at an election held in the sev- 
eral Precincts of said Territory, on the 15th day of January A. D. 1856, as 
provided for by the Convention which met at Topeka, to frame a Constitu- 
tion "to adopt a Bill of Rights for the people of Kansas, and take all needful 
steps toward the formation of a State Government preparatory to the ad- 
mission of Kansas into the Union" That M. W. Delahay received the largest 
number of votes at said election for Representative to the 34th Congress of 
the United States and is hereby declared duly elected as said Representative. 

Given under my hand this day and year above written. 

J. K. GooDiN Secy J. H. Lane Ch'n Ex Com 

—3 



34 Kansas State Historical Society. 

Lawrence Feby 11th 1856 

Committee met — Present Lane Holliday Brown & Goodin — 

On motion of Mr. Holliday the Secy was directed to write M. J. Parrott 
Esq at Washington City, reminding him of his appointment as Chairman of 
a Committee of the Executive Committee to draft a memorial to be presented 
to Congress, setting forth our grievances and asking of Congress the im- 
mediate admission of Kansas into the the Union as a State — ■ 

On motion Mr Brown, it was resolved, that the four remaining members 
of the Committee repair to Washington in order to prove as efficient as pos- 
sible in securing for Kansas her admission into the Union as a Sovereign 
State, and that the sum of five hundred dollars, certificates of indebtedness, 
be issued to C. K. Holliday, G. W. Brown, J. K. Goodin, and J. H. Lane 
toward defraying their expenses thereto, thereat, therefrom, in view of an 
overland route, and the difficulties and expense incurred in traveling in the 
present season of the year 

Provided that should Lane, Holliday, Brown, and Goodin ascertain that 
their efficiency would demand of them that they should remain more than 
thirty days in Washington, that the sum of Six dollars per diem shall be 
issued to said deputation (certificates of indebtedness aforesaid) for the 
further defraying of their necessary expenses while engaged in their aforesaid 
duties — 

Provided further, that should said deputation leave for Washington on 
or before the 10th day of March A. D. 1856, or as soon thereafter as prac- 
ticable, the Secretary be instructed to issue the Scrip aforesaid, yet retaining 
the same in his hands, after the same shall be countersigned, until such time 
as he may be satisfied the deputation aforesaid will visit Washington — 

That the Secretary be farther instructed to request of M. J. Parrott Esq, 
now in Washington City, to have written on parchment ready for certifying 
upon the arrival of the said deputation, the Constitution of the State of 
Kansas, that the same may be speedily presented to the Congress of the 
United States asking the immediate admission of Kansas into the Union — 

That the Secretary be further instructed to forward to Mr. Parrott a file 
of the Herald of Freedom containing the Proclamation &c of the Executive 
Committee, and affording other data to aid him in the preparation of the 
memorial aforesaid — and that he be requested to remain at Washington till 
such time as the deputation can reach that point — 



The Topeka Movement. 



35 







Executive Com. of Kansas Ter 




Account 




To Capt Thomes Dr 




No 1. 




Sept. 1855. To 9 days Horse Hire for, 




Allowed 




Carriers $11.25 


Delivd to 


Nov. lst/55 






Capt Thomes 


1— No 1 




Reed Paymt. 

Chas. H. Thomes 


J K G 


No. 2, 


Lawrence Oct. 22nd 1855, 




Allowed 




Ex. Com. of Kansas Ter. 




Nov. 1st, 55 




Bot of P. R. Brooks 


Delivrd to 


1—2 




4 quires Writing Paper, $1.00 


P. R. Brooks 






Reed Paymt, 


J K G 






P. R. Brooks 




No. 3. 


Lawrence Sept 1855 










Delivd to H. O'Neal 


Allowed by the Ex. 


Ex. Com. of Kansas Ter. Dr 




Committee Nov. 


1st 


To Hugh O'Neal 


J K G 


1855. 




To expenses incurred as carrier $15.00 


A new bill was 






Reed Paymt 


handed in for this 






H. O'Neill 


'!'c and certificates 
of indebtness issued 
therefore of No 138- 
(3 pieces) 

J K G 


No. 4 


Lawrence K. T. Oct. 30/55 








Ex. Com. of Kansas Ter. To 




Allowed by the 


Ex. 


Miller & Elliott Dr, 




Committee Nov 


1. 


Oct. 1855, To publication of Proclamation for 


Delivd to Miller & 


1855 




Election of Delegates for Constitutional Con- 
vention 38 — 

To 500 Bills " Convention 

Proclamation 12 — 


Elliott 
(4ps) 


4—4 




" Call for Election 4 






$54.00 


($81.25 Carried 






Reed Paymt 


over) 






MUler & Elliott 






Lawrence Sept 1855, 




No. 5 




Ex. Com, of Kansas Ter. 

To Speer & Wood Dr, 




Allowed by the 


Ex. 


To printing 800 copies of Proclamation for 




Com. Nov. 1st 1855 


delegates to the Constitutional Convention 








$30.00 


Reed Payt Nov 






To 300 Blanks 10.00 


lOth/55 






" 200 " 8.00 


Speer & Wood 






" Blanks 3.00 








" Publishing Proclamation 38.00 






$89.00 








Reed Paymt 








Speer & Wood 











36 



Kansas State Historical Society. 



Bills for services &c of Members and officers of Constitutional Convention as per bills filed in 
their regular order as follows, & other accounts. 



1— No. 6 

1— No. 7 



No. 8 
No. 9 



No. 10 
No. 11 
No. 12 
No 13 



No 14 



3-No. 15 
No. 16 

No 17 

No. 18 

No 19 
No. 20 
No 21 
No 22 



No. 23 
No 24 
No 25 
No 26 

No 27 

" 28 

" 29 

" 30 

" 31 

" 32 

" 33 

" 34 

" 35 

36 

37 

38 

39 

40 

41 

42 

10—43 

1—44 

11—45 
1—46 

2—48 

1—49 

1—50 
51 
1—52 
2—53 
2—54 

10—55 



1-No. 56 
1- '* 57 

1—58 

6—59 
19—60 
10—61 

&— 62 



L. Farnsworth for Stationary for use of Convention 
Ferdinand Wendel 21 days services as messenger to 

Con Convention, at 1.50 
Timothy Mclntire furnishing lights &c for Con. 

Convention 
R. H. Crosby services as member of Con. Convention 

mileage 

Marcus J. Parrott " " " " " 

Caleb May " 

Thomas Bell " " " " \[ 

Saml. N. Latta ' 



$9.00 



10.80 



M. W. Delehay 



Printing Bill $120 



108.00 
108 . 00 
100.00 
116.00 
108.00 

120.00 
108.00 



E. C. K. Garvey Printing for 

David Dodge Services as Member of " " 

and expenses as messenger 
Charles W Stewart " ''^ '| [[ " [[ 
Wm Graham " 



$228 . 00 
790 . 00 
108.00 

142.00 
92.00 



William Hicks " ' ' " 84.00 

John Landis " " " ' 124.00 

Geo. S. Hillyer " " ' 96.00 

Wra R. Griffith " " " 128.00 

Amt car' d up $2552 . 55 

Amt Brot forward 2552 . 55 

G. A. Cutler for services of Const. Con $124.00 

James L. Sayle " " ;; "^ \\ 100, 

James M. Arthur " " " " " 112. 

Sanford McDaniel " " " " " 108. 

Samuel Mewhinney " " " "^ '' 92 . 

Harrison Burson " " " " " 94. 

Alfred Curtiss " " " " " 94. 

J. M. Tuton " " " " " 94. 
James Redpath services as reporter for the Convention 174 . 

Morris Hunt Member Convention 96. 

S. N. Wood services as Clerk to Committee 5. 

Charles Robinson Member Convention 96 . 

John Dailey services as transcribing clerk Con. Con 105 . 

Timothy Mclntire for News-papers 4 80 

" " " services as door keeper 84.00 

J. F. Cummings for pub. Standing Committees 5.25 

James S. Emery Member Convention 96.00 

Sanford Henry Expenses as Messenger 35.00 

Guilford Dudley " " " 20.00 

E. C. K. Garvey part Stationary bill 474.00 

John A Wakefield Member Convention 96 . 00 

Orville C. Brown " " 112.00 

John H. Nesbitt " " 100 . 00 

L. Farnsworth Services as Sergeant at arms Con. Con. 84 . 00 

Philip Schuyler Member Convention 92 . 00 

Robert Klotz " " 114.— 

J. G. Thompson " " 88. — 
Robert L. Mitchell 11 days services as asst door Keeper 44 . — 

Henry B. Burgess services as Chaplain to Con. Con. 63. — 

Richd Knight Member Convention 124 . 00 

Amory Hunting Member Convention 108.00 

Charles A. Foster services as asst clerk 126 . 00 
this scrip is counter signed by the Treasurer in 
black ink 



Amt Card forward 

Amt Brot ford 
E. C. K. Garvey Stationary for Con. Convention 
T. B. Ackley services as messenger for papers 

C. H. Thomes Horse Hire for Courriers 



Geo. W. Smith 
J. H. Lane 
J. K. Goodin 
C. K. Holliday 



Member of the Convention 



$5716.70 

$5716.70 

$24.15 

1.00 

6.30 

98.00 
96.00 
98.00 
84.00 



Loring Farnsworth 
Ferdinand Wendel 
Timothy Mclntire 



H. 



Reed Pay R 

Crosby 
Marcus J. Parrott 
Caleb May 
Thomas Bell 
Reed payment S 

Latta 

M. W. Delahay 



E. C. K. Garvey 
David Dodge 

C. W. Stewart 
Reed payment Wm 

Graham 
William Hicks 
John Landis 
Geo. S. Hillyer 
Wm R. Griffith 



Geo A Cutler 
James L Sayle 
James M Arthur 
Sanford McDaniel pr 

Sayle 
Samuel Mewhinney 
Harrison Burson 
Alfred Curtiss 
J. M. Tuton 
Jas Redpath 
M. Hunt 
S. N. Wood 
C Robinson 
Jno Dailey 
Timothy Mclntire 
Timothy Mclntire 
J. F. Cummings 
J. S. Emery 
Sandford Henry 
Guilford Dudley 
E. C. K. Garvey 
John A Wakefield 
O. C. Brown pr C. A. 

Foster 
John H Nesbitt 
Loring Farnsworth 
P. C. Schuyler per J. 

K. Goodin 
Robert Klotz by F. L. 

Crane 
J. G. Thompson 
Robert L Mitchell 
Henry B Burgess 
Richd. Knight 
Deliverd to C. Robin- 
son by request 
Charles A. Foster 



E. C. K. Garvey 
Paid to Mr Ackley at 

Lawrence 
Paid to C. H. Thomes 

at Lawrence 
Geo W. Smith 
J. H. Lane 
J. K. Goodin 
C. K. Holliday 



The Topeka Movement. 



37 



Henry Stevens for Horse Hire for Courier 
W. Y. Roberts Mem. Con. Convention 



Speer & Ross 
J. F. Legate 



Printing 
Officer of Election 



5.00 
88.00 



20.00 
1.50 



G. W. Brown Printing 

W. Y. Roberts Agent to the States 



James Davis 



125 
200 



00 
00* 



G. W. Brown 



200.00 



*200 . 00 



M. J. Parrott " " " " 200 00 

as per order of Ex. Com. 200 . 00 

P. C. Schuyler for further Compensation as agt to U.S. 400 . 00 

C. K. HoUiday Member of Ex. Com. to Gary Consti- 
tution to Washington. &• 500.00 

G. W. Brown Member of Ex. Com. to Cary Consti- 
tution to Washington. &• 500.00 

James H. Lane Member of Ex. Com. to Cary Consti- 
tution to Washington. &c 300 . 00 

J. K. Goodin Member of Ex. Com. to Cary Consti- 
tution to Washington. &• 500 . 00 



Lyman Allen officer in 3 Elections 4 . 50 

A. D. Searl officer in 3 Elections & office rent Ex. Com . 29 . 00 

W. L. Brigden officer in 2 Elections 3 . 00 
John W. Stephens Distributing Election papers 

& return Judge 18.00 

Cummings & Hays Printing 5 . 50 

M.J.Mitchell Officer of 3 Elections 4.50 

G. P. Lowry Stationary 3 . 00 

C.C.Hyde Services as Carrier 3.00 

Saml Sutherland Clerk of Election 1 . 50 

Morris Hunt Clerk of Election 1 . 50 

G. W. & W. Hutchinson Stationary furniture for 

office, Lights &c 60 . 00 

Eli Lyman attention office Ex. Com. 26.00 

P. O. Conver Printing 20.00 

Geo. F. Earl Clerk of 2 Elections 3.00 



Thos Burden for Wood furnished Ex. office 

William Duck return Judge 

G. W. Brown Printing 

E. Clark, Ex Carrier of Election papers 

B. G. Cody Election officer & Return Judge 

Thos. G. Collins " 

G. Jenkins Stove & Furniture for Ex. office 

Turner Sampson. Agent to the States 

M. F. Conway " " " " 

G. W. Smith Ex. Carrier of Election papers 

J. B. Conway Services as carrier 

J. S. Emery Agt to the States 

Morris Hunt " " " " 

Speer & Ross Printing 

P. O. Conver 

J. S. Emery Ex. Carrier Election papers 

G. W. Smith Agt to the States 

Morris Hunt Ex. Carrier Election papers 

G. W. Smith part, for Services as Member Ex. Com. 



7.00 

36.— 

249.— 

19 — 

24.16 

24.16 

50.35 

200.00 

200.00 

20.00 

5.00 

200 . 00 
200 . 00 
166.00 
101.00 

20.00 
200.00 

25.00 
200.00 



James G. Sands Attendance upon David Buffam a 

wounded soldier 72.00 

Samuel C. Smith, Services as Clk of Con. Convention &c 

272 . 00 
" Agt to the States 200.00 



delivd to H. Stevena 
J. K. G. 
" to W. Y. 
Roberts J. K. G. 



W. Y. Roberts not 
having performed hia 
mission has returned 
this amt 

James Davis not hav- 
ing performed his 
mission, the scrip has 
been destroyed as 
above 
*G. W. Brown not hav- 
ing gone upon his 
agency the $200 certi- 
ficates was returned 
and destroyed 



$9363.65 added thus 
far 

*From No. 75 to No. 
90 exclusive not added 
A. D. Searl 
W. L. Brigden 



Cummings & Hays 
by C. K. HoUiday 



by John Speer 

♦added from No. 90 to 
Bottom of page 



paid to G. A. Cutler 
" to G. A. Cutler 



38 



Kansas State Historical Society. 



1—111 

1—112 

6—113 

3—114 

15—115 

7—116 



24—117 
1—117 

15—118 
1—119 
1—120 
1—121 
1—122 

17—123 

3—124 
1—125 
1—126 
1—127 
10—128 
1—129 
1—130 
1—131 
3—132 
1—133 
1—134 
1—135 
1—136 
1—137 
3—138 



4—139 

3—140 

2—141 

3—142 
3—143 
1—144 
1—145 
1—146 
12—147 



1—148 
1—149 
1—150 
1—151 
1—152 
3—153 

1—154 
7—155 
1—156 
3—157 
1—158 
3—159 
5—160 
7—161 
7—162 
1—163 
5—164 
8—165 
8—166 
167 
1—168 
8—169 
1—170 



$12170 


32 


$12170 


32 


200 


00 


5 


00 


200 


00 


25 


00 


64 


00 


21 


50 


1 


50 


om. 200 


00 



G. W. Brown part for Services as member of Ex. Com. 

K. T. 50.00 

Caleb S. Pratt, Expenses distributing Election papers 25.00 
C has Robinson, " " " " 104.00 

A. K. Burdett Services rendered Ex. Com. 18.00 

Saml F. Tappan " as asst Clerk of Con. Con- 

vention 200.00 

MUler & Elliott Printing 219.00 

Amt Carried over, 

Amt Brot forward 
James H. Lane part pay member of Ex. Com. 
Henry Stephens, Horse Hire for Carrier 
A. H. Mallory, Agt to the States 
M. F. Conway, Ex. in distributing Election papers 
A. H. Mallory " " 

Green B. Raum Officer & return Judge of Election 
J. S. Emery Clerk of Election 
J. K. Goodin, part for services as Member of Ex. Com. 200 . 00 

Jno W. Stephens Services as Return Judge of Elections 23 . 00 
Chas S Foster Officer & return Judge of Election 12.66 
T. A. Minard, Clerk of Election 1 . 50 

Stephen Sparks Officer & return Judge of Election 9 . 50 

James H. Lane Agt to the States 200 00 

J. G. Snodgrass Clerk of Election 1 . 50 

Thos. Wolverton Clerk of 3 Elections 4 . 50 

William Jesse Officer & Return Judge of Elections 4 , 50 
M. J. Mitchell Services as Special Messenger 15.00 

William Riley Officer of 3 Elections 4 . 50 

Geo. S. Ramsey " " " " 4 50 

S. J. Acklin " " " " 4.50 

W. R. Frost " & return Judge of Elections 5.50 

Eli Allen " of 3 Elections 4 . 50 

This as a bill which has been twice handed in, it 
was allowed see Bill No. 3, the scrip for the amt 
$15 has been issued under No. — 138 — • 
G. F. Warren Ex. in distributing Election papers & 

return Judge 
W. N. Baldwin Board & attendance on D. Buffam a 

wounded soldier 
C. Hurd & L. L. Hall Board of D. Bufifam a wounded 

soldier 

Ex. in distributing Election papers 



Henry Hurd 
Geo. F. Earl 
John Sicoxie 
Wm Pennock 
H. Stephens 
L. W. Home 



Horse Hire for Carrier 

Officer & return Judge of Election 
Boarding of Ex. Com. 

Services in distributing Election papers 110 . 00 



59.00 

50.00 

20.00 
45.00 
40.00 
10.00 
11.00 
6.75 



Amt Carried forward 



$13834 . 73 



Amt Brot forward 
H. L. Enos Officer of 2 Elections 
P. T. Hupp " " " 

E. P. Richardson " "1 Election 
P. O. Conver Printing 
James H. Greene Extra labor Printing 
Hiram Dunbar Ex. & Services in distributing election 

papers 
William Duck Return Judge 



$13834.73 
3.00 
3.00 
1.50 
5.00 
10.00 



39.25 
8.00 



R. L. Mitchell Services in distributing Election papers 55.00 
Chas Jordon Officer & return Judge of Election 6.00 

T. R. Foster Services in distributing Election papers 30.00 
J. H. Crane Ex. Labor. Printing 5.00 

Theron Tucker Services in distributing Election papers 65 . 00 
A.H.Barnard " " " " " 65.00 

C. N. Gray " " " " " 40.00 

H. Stratton " " " " " 80 . 00 

J. F. Cummings Judge of 2 Elections 3 . 00 

M. C. Dickey Services distributing Election papers 46.00 
C. Hurd & L. L. Hall. Board of D. Bufifam 10.00 

C. K. Holliday part services as Member of Ex.Com. 

K. T. 100.00 
P. S. Hutchinson Officer in 2 Elections 3 . 00 

E. C. K. Garvey Printing Bill & Office rent 1 qr 679.00 

Services as asst secy of Ex. Com 

& office rent 1 qr 45.00 



not added 
not added 



Redeemed by W. Y. 
Roberts paying it in 
on 200$ issued to him 
as agt to the State — 
he not going — 



The Topeka Movement. 



39 



1—171 


Clark & Blood Fuel for Office 1 . 62 




1—172 


G.W.Brown Printing 12.50 




11—173 


50.80 




1—174 


J. H. Shimmons, Officer in 3 Elections 4 . 50 




6—175 


Morris Hunt, Loss of Horse in Canvassing with 

election papers 60.00 






Expenses entire in the Organization & up to State 






Govt $15265.90 





Autographs of Members elected to the First Constitutional Conven- 
tion taken by the Secretary of the "Executive Committee of Kansas Territory," 
to be deposited as may be provided by Law in the Archives of the State of 
Kansas for future Lithographing. 



ftffi 



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FACSIMILE OF FIRST PAGE OF AUTOGRAPHS. 



40 



Kansas State Historical Society. 



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The Topeka Movement. 



41 



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42 Kansas State Historical Society. 

JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE 
OF KANSAS, March 4, 1856. 

City of Topeka 12 o'clock M. 

At the first session of the first General Assembly of Kansas under the 
Constitution of said State which was framed by a convention convened at 
Topeka on the 23d day of October A. D., 1855, and ratified by the people 
on the 15th day of December A. D., 1855 at 12 o'clock M. on Tuesday 
the 4th day of March A D, 1856, in pursuance of the 3d section of the Schedule 
attached to said constitution. The house was called to order by J. H. Lane 
Chairman of the "Executive Committee of Kansas Territory" with C. K. 
Holliday Secretary pro tem of Executive Committee aforesaid 

Upon a call of the roll of members Elect it was ascertained that a quorum 
was not present whereupon on motion of Mr. Blood the meeting adjourned 
until 2 o'clock P. M. 



2 o'clock P.M. 
Met pursuant to adjournment. The roll being called the following gentle- 
men answered to their names: 

1st Dsitrict S. N. Hartwell 

J. B. Abbott 

H. F. Saunders 

James Blood 

Columbus Horsnby 

E. B. Purdam 

James McGhee 
2d District Alfred Curtis 

J. M. Tuton 

S. Walker 
3d District Milton C. Dickey 

William R. Frost 

W. A. Simmerwell 
4th District Samuel Mewhinney 

S. T. Shores 
5th District Horace W. Tabor 

D. Toothman 

Henry Todd 

6th District Thomas J. Addis 

7th District Wm. M. McClure 

9th District William Hicks 

William B. Wade 

10th District A. M. Jameison 

11th District E. R. Zimmerman 

John W. Stephens 

William Crosby 
12th District J. K. Edsall 

Stephen Sparks 

Patrick R. Orr 

Thomas A. Minard 

Isaac Cody 



The Topeka Movement. 43 

The Chairman having announced that a quorum of the House were in 
attendance the oath of office was administered them by the Chairman of 
the "Executive Committee of Kansas Territory" 

On motion of Mr. Addis the House proceeded to the election of a Speaker 
to serve during the session and the following was the result of the balloting: 
Thomas A. Minard had 17 votes 
James Blood had 8 votes 

J. M. Tuton had 3 votes 

Thomas A Minard having received a majority of all the votes given was 
declared duly elected Speaker of the House and proceeded to the discharge 
of his duties the oath of office upon motion of Mr. Blood being administered 
by Mr. Tuton 

On motion of Mr. Blood the House then proceeded to the election of a 
Chief Clerk to serve during the present session and the following was the 
result 

J. K. Goodin had 23 votes 
G. F. Warren had 5 votes 
J. K. Goodin having received a majority of all the votes given was de- 
clared duly elected Chief Clerk of the House of Representatives to serve 
during the present session and the oath of office being administered proceeded 
to the discharge of his duties. Mr. Dickey being appointed a committee 
of one to wait upon Mr. Goodin and inform him of his election. 

On motion of Mr. Curtis House proceeded to the election of assistant 
clerk and the following was the result 

Josiah Miller had 12 votes 

Samuel F. Tappan had 12 votes 
Necessary to a choice 13 votes 
There being a tie vote the House proceeded to the second balloting and 
the following was the result Josiah Miller having withdrawn 
S. F. Tappan had 20 votes 

S.Tucker " 8 " 

Samuel F. Tappan having received a majority of all the votes given was 
declared duly elected assistant Clerk of the House of Representatives to 
serve during the present session and the oath of office being administered 
proceeded to the discharge of his duties 

House then proceeded to the election of a Transcribing Clerk and the 
following was the result 

Mr. Snodgrass 
Caleb S. Pratt 
Mr. Lawrence 
S. Tucker 
T. Sumner 
Whole number of votes cast 
Necessary to a choice 
No person having received a majority of all the votes cast it was declared 
that there was no election A second balloting was had which resulted as 
follows 



had 13 votes 


had 


3 " 


had 


1 " 


had 


8 " 


had 


4 " 


t 


29 " 




15 



Mr. Snodgrass 


had 21 votes 


Caleb S. Pratt 


had 2 " 


S. Tucker 


had 7 " 


T. Sumner 


had 1 " 



44 Kansas State Historical Society. 

Mr. Snodgrass having received a majority of all the votes cast, was 

declared duly elected Transcribing Clerk to serve during the session and the 

oath of office being administered proceeded to the discharge of his duties. 

The House then proceeded to the election of an assistant Transcribing 

Clerk which resulted as follows 

Caleb S. Pratt had 3 votes 
G. F. Gordon had 18 " 

S. Tucker had 7 " 

George S. Ramsey had 3 " 
Whole number of votes cast 81 " 
Necessary to a choice 16 

G. F. Gordon having received a majority of all the votes given was 
declared duly elected Assistant Transcribing Clerk for the House of Repre- 
sentatives to serve during the present session and the administration of the 
oath was defifered Mr. Gordon not being present. 

On motion of Mr. Tuton the House proceeded to the election of Sergeant 
at Arms which resulted as follows 

Edward Emerson had 7 votes 
M. J. Mitchell had 24 " 
Whole number of votes 31 " 
M. J. Mitchell having received a majority of all the votes given was 
declared duly elected and having taken the oath of office proceeded to the 
discharge of his duties 

On motion of Mr. Hartwell House proceeded to the election of Assistant 
Sergeant at Arms and the following was the result 

Jacob Branson had 4 votes 
Edward Emerson had 9 " 
Swain had 7 " 
L. Farnsworth had 11 " 
Whole number of votes 31 votes 
Necessary to a choice 16 do 

No person having received a majority of all the votes given it was declared 
there was no election The House then proceeded to a second balloting 
which resulted as follows 

Jacob Branson had 2 votes 
Edward Emerson had 5 " 
Mr. Swain had 15 " 

L. Farnsworth had 9 " 
Whole number of votes 31 " 
Necessary to a choice 16 

No person having received a majority of all the votes given a third 
balloting was had with the following result 

Edward Emerson had 1 vote 
Mr. Swain had 22 " 

L. Farnsworth had 8 " 
Whole number of votes 31 
Necessary to a choice 16 

Mr Swain having received a majority of all the votes given was declared 
duly elected and having taken the oath of office proceeded to the discharge 
of his duties 



The Topeka Movement. 45 

Qn motion of Mr. Blood House proceeded to the election of Doorkeeper 
with the following result 

Jacob Branson had 25 votes 
Mr. Moore had 4 " 

E. Dudley 1 vote 

George Earl 1 " 

Whole number of votes 31 
Necessary to a choice 16 
Jacob Branson having received a majority of all the votes given was 
declared duly elected and having taken the oath of office proceeded to the 
discharge of his duties 

On motion of Mr. Blood the House proceeded to the election of Assistant 
Door Keeper to serve the present session and the following was the result 
L. Farnsworth had 10 votes 
Mr. Moore " 4 " 

Mr. Leonard << j w 

George Earl " 13 " 

Mr. Cleveland " 2 " 

Whole number of votes 30 
Necessary to a choice 16 

No person having received a majority of all the votes given it was declared 
there was no election whereupon the House proceeded to a second balloting 
with the following result 

George Earl had 8 votes 

L. Farnsworth " 21 " 

Mr. Cleveland 1 " 

Mr. Moore 1 " 

Whole number of votes cast 31 " 
Necessary to a choice 16 

Loring Farnsworth having received a majority of all the votes given was 
declared duly elected on account of the absence of Mr. Farnsworth the 
administration of the oath was deferred 

On motion of Mr. Tuton House proceed to the election of chaplai'" to 
serve during the present session which resulted as follows 
Rev. Burgess had 8 votes 

Rev. Segraves had 11 votes 

Rev. Lovejoy " 12 " 

Whole number of votes 31 
Necessary to a choice 16 

No person having received a majority of all the votes given it was declared 
there had been no election whereupon the House proceeded to a second 
balloting with the following result 

Rev. Burgess had 3 votes 

Rev. Segreaves had 12 " 
Rev. Lovejoy had 16 " 

Whole number of votes 31 
Necessary to a choice 16 

Rev. Lovejoy having received a majority of all the votes given was 
declared duly elected as Chaplain for the House of Representatives during 
the present session 



46 Kansas State Historical Society. 

MESSAGE FROM THE SENATE 

Mr. Speaker The following resolution has been adopted by the Senate, 
Relative to the organization of the Senate 

Relative to the announcement by the Executive Committee of Kansas 
Territory of the result of the Election for State officers and witnessing the 
administration of the oath of office to them 

A. Allen Secretary 

On Motion of Mr. Crosby the House proceeded to the election of one 
messenger to serve during the present session and the following was the 
result 

John M. Speer had 22 votes 
David Segraves " 7 " 

Wentworth " 2 " 

John M. Speer having received the majority of all the votes given was 
declared duly elected and having taken the oath of office entered upon the 
discharge of his duties 

The House then proceeded to the election of an assistant messenger and 
the following was the result David Segraves had 22 votes and being declared 
duly elected took the oath of office and entered upon the discharge of his 
duties 

Mr. Blood offered the following resolution 

Resolved that the Clerk of this House inform the Senate that a quorum 
of the House having appeared and answered to their names that a Speaker 
has been elected and that the House is now ready to proceed to business — 
carried 

On motion by the same gentleman 

Resolved. That a committee of two be appointed by the Chair to wait 
upon the Governor and State Officers in conjunction with such committee 
as may be appointed by the Senate and inform them of the time designated 
to take the oath of office 

The Speaker appointed Mess Blood and Tuton 
On motion of the same gentleman 

Resolved that William Hutchinson Esq, be admitted within the bar of 
this House as Reporter for the New York Dailey Times 

On motion of Mr. Tuton 

Resolved that the Senate be invited to the Hall of the House of Repre- 
sentatives at 10 o'clock tomorrow to hear from the Executive Committee 
in joint convention the result of the late Election for State Officers and to 
witness the administration of the oath of office to the same and that seats 
be provided on the right of the Speaker's chair for the accomodation of the 
Senate 

Mr. Blood moved to amend by striking out the words 10 o'clock A. M. 
tomorrow and inserting 5 o'clock P. M. this day 

Amendment was carried. 

Question being on the adoption of the resolution as amended it was 
adopted 

Mr. Blood offered the following 

Resolved that G. W. Brown be admitted to a seat within the bar of this 
House as reporter for the Herald of Freedom and the New York Courier and 
Inquirer 

Resolution adopted 



The Topeka Movement. 47 

On motion of the same gentleman a committee of three were appointed 
to report Rules for the Government of the House 

The Chair appointed Mess. Blood Dickey and Tuton that committee 

On motion of the same gentleman it was Resolved that when this House 
adjourn it do adjourn until nine o'clock tomorrow morning. 

On motion the House took a recess of fifteen minutes 

5 O'clock P. M. 
Joint session of the Senate and House of Representatives 
The hour appointed having arrived for a joint session of both houses 
The Senate was announced whereupon the Chairman of the Executive 
Committee of Kansas Territory proclaimed the election by the people on 
the 15th day of January A. D. 1856 of 

Charles Robinson as Governor of the State of Kansas 

Wm. Y. Roberts as Lieut. Governor of the State of Kansas 

P. C. Schuyler as Secretary of State 

George A. Cutler as Auditor of State 

John A. Wakefield as Treasurer of State 

H. Miles Moore as Attorney General 

S. N. Latta ) 

M. F. Conway \ as Supreme Judges 

Morris Hunt \ 

E. M. Thurston as Reporter of the" Supreme Court 

S. B. Floyd as Clerk of the Supreme Court 

John Speer as State Printer 

Mark W. Delahay as Representative in Congress 
Charles Robinson Governor was introduced and took the oath of office 
which was administered him by the President of the Senate whereupon the 
following inaugeral address was delivered by his Excellency 

Fellow Citizens of the General Assembly 

On taking the oath of office and assuming the duties of the Executive 
of the State of Kansas a word from me may not be improper 

It has pleased the people of Kansas to call us from our accustomed duties 
to discharge high and important trusts In our keeping for a brief period is 
placed the Legislative and Executive power of the new State To us the 
people look for wise and wholesome laws and the faithful administration 
of the Government on the true principles of Republicanism and Squatter 
Sovereignty In the Execution of this trust it will be my pleasure no less 
than my duty to cooperate with you in all measures' for the good of the 
people 

Our position is peculiar. Although the people of Kansas have followed 
precedents set them by other new States and sanctioned by Congress and 
the proceedings in the formation of a State Government are all regular 
yet for the first time in the history of our country the President and his 
appointees characterize the movement as treasonable 

This was not to be expected from the advocates of the Kansas-Nebraska 
act which professes to leave the people of the Territories perfectly free to 
form and regulate their domestic institutions in their own way subject only 
to the Constitution of the United States. Some of the people of an adjoining 
State unite with the President in opposing the people of Kansas in forming 
and regulating their own government and threaten our destruction if we 
do not conform to their dictation 

Should the course indicated by the President and the people of another 
State be persisted in and our rights again be trampled in the dust by official 
interference or lawless invasion the people of Kansas would be justified 



48 Kansas State Historical Society. 

before the world in asserting their rights by revolution but since it is believed 
that Congress will grant to us the same rights and immunities that it has 
granted to other States the people of Missouri and the Federal Executive to 
the contrary notwithstanding it is better to suffer while evils are sufferable 
than attempt to right ourselves by a hasty resort to extreme measures 

Our course as a people thus far has been distinguished for forbearance 
long suffering and patience and good policy would still dictate that every 
honourable effort be made to establish and cultivate friendly relations with 
our oppressors especially with the people of our adjoining Sister State 

Nothing should be done in a spirit of retaliation but rather of conciliation 

Although our own rights have been repeatedly invaded and wrested 
from us let us show that we respect the constitution and laws of our land 
and the rights of the people of the respective States That until forbearance 
ceases to be a virtue and becomes cowardice and oppression becomes in- 
sufferable we will ever be found loyal citizens of the Government 

Important questions will come before you for consideration and it can- 
not be expected that perfect unanimity will pervail upon any subject yet 
it is desireable and necessary with the various elements in a legislature of a 
new State that a spirit of concession and harmony should characterize the 
members that the enactments may carry with them a moral force that will 
cause them to be respected by the people. 

The position allotted us by the partiality of our fellow citizens is one of 
great responsibility and we need that wisdom which comes from above to 
so direct us that we may render a good account of our actions to our consti- 
tuents and posterity 

John A. Wakefield Treasurer Elect 
H. Miles Moore Attorney General Elect 
Morris Hunt Supreme Judge Elect 
and John Speer State Printer Elect 
came forward and took the oath of office 

No further business being before the convention it was declared adjourned 
Sine Die 

On motion of Mr. Addis the Sergeant at Arms was instructed to procure 
a sufficiency of lights fuel Stationary &c for the comfort and convenience of 
the members of the House 

On motion of Mr. Curtiss House adjourned until tomorrow morning 9 
o'clock The following special message from the Governor was read to the 
House prior to adjournment 

To the Senate and House of Representatives 

Gentlemen In accordance with the provision of the constitution I have 
this day appointed Robert Klotz Secretary of State to fill the vacancy oc- 
casioned by the absence from the State of P. C. Schuyler Secretary Elect 

ToPEKA March 4. 1856 (signed) C. Robinson 

J. K. Goodin Chf Clk H. Rep. 

House of Representatives 
ToPEKA March 5th 1856 

House called to order by the Speaker 

Prayer by the Rev. Mr. Tuton 

A call of the House being had 29 members answered to their names. A 
quorum being present further proceedings under the call was dispensed with 

The Sergeant at Arms was dispatched for absentees. Journal of yesterday 
read amended and approved Mr. H. H. Williams and John Brown Jr ap- 
peared and took the oath of office 

On motion of Mr. Frost 

Resolved that a committee of two be appointed by the Chair to wait upon. 



The Topeka Movement. 49 

the Governor in conjunction with such committee as may be appointed by 
the Senate to inform him that the two houses have organized and are ready 
to receive any communication which he may have to make. 

On motion of Mr. Tuton resolution was laid on the table. ' 
Mr. Blood Chairman of Committee on rules and regulations for the gov- 
ernment of the House reported as follows 

RULES AND ORDERS OF THE HOUSE 

Touching the Duties and rights of the Speaker 

1st. He shall take the chair every day at the hour to which the House 
shall have adjourned on the preceeding day, and immediately call the mem- 
bers to order If a quorum shall be in attendance he shall cause the journal 
of the preceeding day to be read 

2d. He shall preserve order and decorum he may speak to points of 
order in preference to members rising from his seat for that purpose he shall 
decide questions of order subject to an appeal to the House by any two 
members on which appeal no member shall speak more than once unless by 
leave of the House 

3d. He shall rise to put a question but may state it while sitting 

4th Questions shall be distinctly put in this form to wit as many as are 
of the opinion that (as the question may be) say aye: and after the affirma- 
tive voice is expressed As many as are of the contrary opinion say no. 

If the Speaker doubts or if a division be called for the house shall divide 
those in the affirmative of the question shall rise from their seats and remain 
until counted afterwards those in the negative 

5th. The Speaker shall have the right to examine and correct the journal 
before it is read He shall have a general direction of the Hall He shall have 
the right to name any member to perform the duties of the Chair but such 
substitution shall not extend beyond an adjournment 

6th In all cases of Election by the House the Speaker shall vote, in other 
cases he shall not vote unless the House be equally divided or unless his vote 
if given to the minority will make the division equal and case of such Equal 
division the question shall be lost 

7th AH committees shall be appointed by the Speaker unless otherwise 
Especially directed by the House in which case they shall be elected by a 
viva voce vote and if upon such vote the number required shall not be elected 
by a majority of the votes given the House shall proceed to a second vote in 
which a plurality of votes shall prevail and in case a greater number than is 
required to compose or complete a committee shall have an equal number 
of votes the House shall proceed to a further vote or votes 

8th In all cases other than the election of committees, a majority of the 
votes given shall be necessary, to an election and when there shall not be 
such a majority on the first vote the vote shall be repeated until a majority 
be obtained 

9th All acts adresses and joint resolutions shall be signed by the Speaker 
and all writs warrants and subpoenas issued by order of the House shall be 
under his hand and seal attested by the Clerk. 

10th In case of any disturbance or disorderly conduct in the gallery or 
lobby the Speaker shall have power to order the same to be cleared 

11th No person shall be admitted within the bar but the officers of the 
General or State Government and such other persons as the House may 
think proper to invite 

Rules of decorum and debate 

12th When any member is about to speak in debate or deliver any matter 
to the House he shall rise from his seat and respectfully address himself to 
Mr. Speaker and shall confine himself to the question under debate and 
avoid personality 

13th If any member in speaking or otherwise transgress the rules of the 
House the Speaker shall or any member may call to order in which case the 



50 Kansas State Historical Society. 

member so called to order shall immediately sit down unless permitted to 
explain and the house shall if appealed to decide on the case but without 
debate if there be no appeal the decision of the chair shall be submitted to 
If the decision be in favor of the member called to order he shall be at liberty 
to proceed without leave of the House and if the case require it he shall be 
liable to the censure of the House 

14th When two or more happen to rise at the same time, the Speaker 
shall name the person who is first to speak 

15th No member shall speak more than twice on the same question or 
more than one half hour on each occasion without leave of the House nor 
more than once until every member choosing to speak shall have spoken 
But the mover of any proposition shall have the right to open and close the 
debate and in case the proposition comes from any committee then the 
number [member] making the report from the committee shall have the 
right to open and close the debate 

16th Whilst the Speaker is putting any question or addressing the House 
none shall walk out of or across the House nor in such case or when a member 
is speaking shall entertain private discourse nor whilst a member is speaking 
shall pass between him and the chair 

17th No member shall vote on any question in the event of which he is 
immediately and particularly interested or in any case where he was not 
present when the question was put 

18th Every member who shall be within the bar of the House when a 
question is put shall give his vote unless the House shall for special reasons 
Excuse him No member shall be allowed to make any explanation of a vote 
he is about to give or ask to be excused from voting after the Clerk under 
the order of the House shall have commenced calling the yeas and nays. 

19th When a motion is made and seconded it shall be stated by the 
Speaker or being in writing it shall be handed to the chair and read aloud 
by the Clerk before debated 

20th Every motion shall be reduced to writing if the Speaker or any 
member desire it 

21st After a motion is stated by the Speaker or read by the Clerk it shall 
be deemed to be in possession of the House but may be withdrawn at any 
time before a decision or amendment 

22d When a question is under debate no motion shall be received but 
1st to adjourn 2d to lay on the table 3d for the previous question 4th to 
postpone to a day certain 5th to commit 6th to amend or Tth to postpone 
indefinitely which several motions shall have precedence in the order in 
which they are arranged, and no motion to postpone to a day certain to com- 
mit or postpone indefinitely be decided shall be again allowed on the same 
day and at the same stage of the bill or proposition. A motion to strike out 
the enacting words of the bill shall have precedence of a motion to amend 
and if carried shall be considered equivalent to its rejection 

23d A motion to adjourn shall always be in order that and the motion to 
lie on the table shall be decided without debate 

24th The previous question shall be in this form shall the main question 
be now put? It shall only be admitted when sustained by a majority of the 
members present and when carried its Effect shall be to put an end to all 
debate and to bring the House to a direct vote 

25th When a question is postponed indefinitely the same shall not be 
acted upon again during the session. 

26th Any member may call for the division of a question when the same 
will admit of it a motion to strike out and insert shall be deemed indivisible 
But a motion to strike out being lost shall preclude neither amendment nor 
a motion to strike out and insert 

27th Motions and reports may be committed at the pleasure of the House 

28th When a motion has been made and carried in the affirmative or 
negative it shall be in order for any member of the majority to move for the 
reconsideration thereof on the same or the next sitting day 

29th When the reading of a paper is called for and the same is objected 
to by any member the House shall determine whether said paper shall be 
read or not 



The Topeka Movement. 51 

30th When a resolution shall be offered or a motion made to refer any 
subject and select and standing committees shall be proposed the question 
for reference to a Standing Committee shall be first put 

31st Every order resolution or vote to which the Concurrence of the 
Senate shall be necessary shall be read to the House and laid on the table on 
a day preceeding that in which the same shall be moved unless the House 
shall otherwise Expressly allow. 

32d Petitions Memorials and other papers addressed to the House shall 
be presented by the Speaker or by a member in his place, a brief statement 
of the contents thereof shall verbally be made by the introducer and shall 
not be debated or decided on the day of their being first read unless where 
the house shall direct otherwise but shall lie on the table to be taken up in 
the order they were read 

33d Any ten members (including the Speaker if there be one) shall be 
authorized to compel the attendance of absent members 

34th Upon calls of the House or in taking the yeas and nays on any ques- 
tion the names of the members shall be called alphabetically and no member 
shall be allowed to vote Except he be in his seat 

35th No member shall absent himself from the service of the House un- 
less he have leave or be unable from sickness to attend 

36th Upon the call of the House the names of the members shall be called 
over by the clerk and the absentees noted after which the names of the absen- 
tees shall again be called over the doors shall then be shut and those for 
whom no excuse or insufficient excuses are made may by order of those pres- 
ent if ten in number be taken into custody as they appear or may be sent for 
and taken into custody wherever to be found by special messengers to be 
appointed for that purpose 

37th When a member shall be discharged from custody and admitted to 
his seat the House shall determine w[h]ether such discharge shall be with or 
without paying fees and in like manner w[h]ether a delinquent member 
taken into custody by a special messenger shall or shall not be liable to defray 
the expense of such special messenger 

38th A Sargeant at Arms shall be appointed to hold his office during the 
pleasure of the house whose duty it shall be to attend the House during its 
sitting to execute the commands of the House from time to time together 
with all such process[es] issued by the authority thereof as shall be directed 
to him by the Speaker 

Order of Business of the day 

39th As soon as the journal is read the Speaker shall ask if there are any 
petitions or memorials to be presented. The petitions and memorials having 
been presented and disposed of reports first from standing and then from 
the Select committees shall be called for and disposed of after which the 
Speaker shall dispose of the bills messages and communications on his table 
and then proceed to call the order of the day 

40th The unfinished business in which the house was engaged at the 
time of the last adjournment shall have the preference in the orders of the 
day and no motion or any other business shall be received without special 
leave of the House until the former is disposed of 

41st All questions relating to the priority of business shall be decided 
without debate 

42d Eighteen Standing Committees shall be appointed at the com- 
mencement of the session 

To consist of five members each 

A Committee of Ways and Means 

A Committee of Elections 

A Committee of Claims 

A Committee on the Judiciary 

A Committee on Militia 

A Committee on Agriculture and Manufactures 

A Committee on Apportionment 

A Committee on Corporations and Banking 



52 Kansas State Historical Society. 

A Committee on Education 

A Committee on Public Institutions 

A Committee on Vice and Immorality 

A Committee on Finance and taxation 

A Committee on Accounts 

A Committee on Printing 

A Committee on State Lands 

A Committee on New Counties and County Lines 

A Committee on Public Roads 

A Committee on Internal Improvements 

The several standing committees of the House shall have leave to report 
by By Bill or otherwise No Committee shall sit during the sitting of the 
House without special leave 

The Clerk of the House shall take an oath for the true and faithful dis- 
charge of the duties of his office to the best of his knowledge and abilities 
and shall be deemed to continue until another be appointed 

On Bills 

Every bill shall receive three readings in the house previous to its passage 
and all bills shall be dispatched in order as they were introduced unless where 
the House shall direct otherwise but no bill shall be read twice on the same 
day without special order of the House 

Upon a second reading of a bill the Speaker shall state it as ready for 
commitment or engrossment and if committed the question shall be whether 
to a select or standing committee or to a committee of the whole House 

After commitment and report thereof to the House or at any time before 
its passage a bill may be recommitted 

AH bills ordered to be engrossed shall be executed in a fair round hand 

No amendment by way of Ryder shall be received to any bill on its third 
reading 

When a bill shall pass it shall be certified by the Clerk noting the day of 
its passage at the foot thereof 

Of Commutes of the Whole House 

When the House shall determine to go into committee of the whole the 
Speaker shall appoint the member who shall take the Chair 

On all questions and motions whatever the Speaker shall take sense of 
the House by yeas and nays provided two of the members present shall so 
require 

Every question of order shall be noted by the Clerk with thereon 

and inscribed at large on the Journal 

Upon bills committed to the committee of the whole House the bill 
shall first be read throughout by the Clerk and then again read by the Clerk 
and then again read and debated by clauses the body of the bill shall not 
be defaced nor interlined but all amendments noting the page and line shall 
be duly entered by the clerk on a separate paper as the same shall be agreed 
to by the committee and so report to the House After report the bill shall 
again be subject to be debated and amended by clauses before a question 
to engross it be taken 

The rules of proceeding in the house shall be observed in the committee 
of the Whole House so far as they may be applicable except the rule limiting 
the time of speaking but no member shall speak twice to any question until 
every member choosing to speak shall have spoken 

All questions w[h]ether in committee or in the House shall be propounded 
in the order in which they were moved except that in filling up blanks the 
largest sum and longest time shall be first put 

It shall be in order for the committee on Enrolled Bills to report at any 
time 

No rule or order of the House shall be received altered or repealed unless 
two thirds of the members present shall consent thereto 

On motion of Mr. McClure the report was laid upon the table and 
ordered to be printed 



The Topeka Movement. 53 

MESSAGE FROM THE SENATE 

Mr. Speaker, I have the honour to present the following Extract from 
the Journal of the Senate. 

Resolved that a committee of two be appointed by the President to con- 
fer with a similar committee of the House of Representatives and to prepare 
joint rules for the Government of the Senate and House of Representatives 
Whereupon the President appointed Mess. Allen and Dailey 

Resolved that a committee of two be appointed by the President who with 
a similar committee of the House shall wait on the Governor and inform him 
that the two houses are organized and ready to receive any message that 
he may have to communicate whereupon the President appointed Mess. 
Allen and Harding 

signed A. Allen Secy. 

On motion of Mr. Tuton 

Resolved that the Chairman of the Executive Committee of Kansas 
Territory be respectfully invited to submit to the General Assembly a 
report of the doings of said Committee 

On motion of Mr. Stephens 

Resolved that the Sargeant at Arms be and is hereby instructed to pro- 
vide for the use of the members of the House Two hundred copies of the 
Dailey Tribune provided that the proceedings of the General Assembly be 
published therein 

Notice having been communicated to the House of the resignation of 
Loring Farnsworth as assistant Door Keeper on motion of Mr. Curtis that 
the resignation be received and that an Election be had to supply the vacancy 
which resulted as follows 

A. W. Moore had 20 votes 
Mr. Cleveland " 2 " 
George Earl " 4 " 

Mr Scales " 4 " 

Mr. Haven " 1 " 

A. W. Moore having received a majority of all the votes given was de- 
clared duly elected who took the oath of office and entered upon the dis- 
charge of his duties 

The committee appointed to wait upon the Governor reported that they 
had performed that duty and that his Excellency would be pleased to com- 
municate with the House in a short time 

Moved by Mr Tuton that a committee of two be appointed to act in 
conjunction with a committee of the Senate to prepare rules and regula- 
tions for the Government of both Branches of the General Assembly 

Mr. Blood proposed to amend by inserting three instead of two, amend- 
ment accepted and the motion prevailed 

The Speaker appointed Mess Blood and Dickey and Tuton as said com- 
mittee 

On motion of Mr. Tuton 

Resolved. That the Executive Committee of Kansas Territory be in- 
vited to seats within the bar 

message from the governor 
The Private Secretary of the Governor presented the Governor's mes- 
sage which on motion of Mr. McClure was read and 10,000 copies be printed 
for the use of the members of this House 



54 Kansas State Historical Society. 

Fellow Citizens of the Senate and House of Representatives 

Having been chosen by the people to occupy the Executive Chair of the 
new State of Kansas it becomes my duty under the Constitution to an- 
nounce to the General Assembly the condition of the affairs of the State and 
reccommend such measures as I shall deem expedient for their action While 
gratitude to the people for the confidence their suffrages evince and for 
the honor bestowed will induce me to enlist all my energies in their service 
inexperience in public life and a lack of ability and information will cause 
me to speak with diffidence upon the various subjects to which your at- 
tention will be invited 

The organization of a new government is always attended with more or 
less difficulty and should under the most favourable circumstances enlist 
the learning judgment and prudence of the wisest men in all its depart- 
ments the most skillful workmanship is requisite that each part of the 
complicated machinery may be adapted to its fellow and that a harmonious 
whole without jar or blemish may be the result. 

In Kansas especially is this a most delicate and difficult task. Our 
citizens are from every State in the Union and from nearly every country 
on the Globe and their institutions religion education habits and tastes 
are as various as their origin 

Also in our midst are several independent nations and on our borders 
both west and east are outside invaders 

In our mutual endeavours to set in motion a State Government we have 
a common Chart for our guide the Constitution 

The duties of the General Assembly as designated by this instrument are: 

To provide for the encouragement of education and religion 

The registration of Electors to provide for the returns of Elections 

For the Election of officers 

For the filling of vacancies 

For the number of Senators and Representatives 

For apportionment 

Against Special Legislation 

For publication of laws 

For taking the census 

For salaries of officers 

For Surveyor General, State Geologist and Superintendant of Common 
Schools 

For Judicial districts and jurisdiction of Courts 

For publication of decisions of Supreme Court 

For Duties of Clerk and Reporter of Supreme Court 

For School Fund University Normal Schools &c 

For State Asylums for Blind Deaf, Dumb Insane Idiots and the Poor 

For House of Refuge for juvenile offenders 

For State General Hospital 

For Seat of Government and State House 

For Militia 

For Finance and Taxation 

For Counties County City and Town officers 

For Commissioners to arrange rules of practice in the courts of record 

For Bureau of Statistics and encouragement of Agriculture 

To Secure the Separate property and custody of children to wife 

For Election of two United States Senators 

For Banks and Banking 

For redemption of certificates of indebtedness and for enforcement of 
6th section of bill of rights 

Also the people by a separate and direct vote have instructed the assembly 
to provide for the exclusion of free negroes 

Education of the People the common people is the Palladium of our 
liberties Without this free institutions cannot exist with it Tyranny and 
oppression must disappear A thorough and efficient system of education 
is a better and cheaper corrective and preventive of poverty degradation 
and crime than the poor house, house of refuge or penitentiary This sub- 
ject will not fail to receive its full share of your attention 



The Topeka Movement. 55 

That the common School may be put on a permanent basis the proceeds 
of the School lands or other educational income should be carefully husbanded 
till a fund shall accumulate amply sufficient to give to every child in the 
State a liberal common School education 

Second only to the Common School are the University and Normal 
Schools 

For these also the Constitution suggests that you provide at an early day 

Of the public Charitable Institutions named in the Constitution a General 
State Hospital calls most urgently for consideration 

In a new country many must necessarily suffer from sickness and poverty 
and in the present unsettled condition of the People it is eminently proper 
that the State should provide for their relief 

The subject of finances and taxation is one of primary importance in 
Every State and particularly in a new one 

Onerous taxes and large indebtedness should be guarded against as far 
as possible and economy without niggardly parsimony should be the rule 
of action For the present state of the finances you are referred to the report 
of the Territorial Executive Committee 

Exposed as our citizens are to the Scalping knife of the Savage on the 
west, and to the revolver and hatchet of the assassin on the east a thorough 
and early organization of the militia is urgently called for 

By the constitution this duty devolves upon the General Assembly. 
Measures should at once be taken to encourage the organization of volunteer 
companies and to procure the arms to which the State is entitled 

The disposition of the public lands is a matter for consideration Under 
existing laws they belong to the General Government and are used as a 
source of revenue The policy of such a use is at least questionable The 
amount received into the Treasury from the sale of public lands is incon- 
siderable amounting in the aggregate to about $2,000,000 annually 

This sum distributed among the States where the lands are situated 
would aid Essentially the cause of education or the establishment of Charit- 
able institutions but it is entirely unnecessary in the already overflowing 
Treasury of the General Government Even as a matter of revenue the 
public Treasury gains nothing by selling the Public domain to the people 
for the principle revenue is derived from the products of the soil and these 
will be increased as the number of land holders increase and in proportion 
to the capital invested in its cultivation The $1.25 pr acre laid out on the 
land will produce far more revenue to the Government in a few years than 
if deposited in the Treasury The true policy for any government is to 
give to every citizen who will cultivate it a farm without price and secure 
it to him for a permanent homestead Especially should the citizen who 
deprives himself of the blessings of home and civilization for a time to 
reclaim the wilderness that it may be added to the commonwealth be al- 
lowed his land gratis 

But if the land must be sold and the proceeds applied to defray Expenses 
of government the State should be the recipient and not the General Govern- 
ment Every new state must incur extraordinary expenses in setting its 
government in motion 

It has its public Edifices State House Asylums Penitentiary Universities 
School Houses, Railroads &c to construct and limited means at command 
Should Congress in its widom as we have reason to believe that it will — 
donate all the public lands of Kansas to the State it will then be the duty 
of the assembly to dispose of them 

In such an event by donating 160 acres as a homestead to each resident 
of five years and allowing no one person to purchase of the State more than 
160 acres additional the state would become rapidly settled and at the same 
time secure a fund for Educational and other purposes Equal to its necessities 

The indiscriminate sale of intoxicating drinks in a State like Kansas 
where are numerous Indian tribes is productive of much mischief 

Some tribes within our borders are still uncivilized and indulge their 
appetites without restraint while many of other tribes are Equally un- 
fortunate It is a duty we owe to the Indian that we not only cultivate 



56 Kansas State Historical Society. 

the most friendly intercourse but that we protect him from injury and this 
subject should not be overlooked by the General Assembly 

The use of intoxicating drinks as a beverage impairs the health, morals, 
good order, and prosperity of any community and the traffic in them is an 
unmitigated evil and it is for the Legislature in its wisdom to adopt such 
measures as shall best secure the public welfare 

It will be remembered that a skeleton of a government still exists in 
our midst under a Territorial form and although this was but the fore- 
shadowing of a new and better covenant collision with it should be carefully 
guarded against A Territorial government is transient in its nature only 
awaiting the action of the People to form a government of their own This 
action has been taken by the People of Kansas and it only remains for the 
General Government to suspend its Territorial appropriations recal its 
officers and admit Kansas into the Union as a Sovereign State 

The reasons why the Territorial governments should be suspended and 
Kansas admitted into the union as a State are various In the first place 
it is not a government of the people The Executive and judicial officers 
are imposed upon the people by a distant power and the officers thus imposed 
are foreign to our soil and are accountable not to the people but to an Exec- 
utive 2,000 miles distant American citizens have for a long time been 
accustomed to govern themselves and to have a voice in the choice of their 
officers but in a territorial government they not only have no voice in choos- 
ing some of their officers but are deprived of a vote for the officer who ap- 
points them Again governments are instituted for the good and protection 
of the governed, but Territorial government of Kansas has been and is an 
instrument of oppression and tyranny unequalled in the history of our 
Republic The only officers that attempted to administer the laws im- 
partially have been removed and persons substituted who have aided in 
our subjugation. Such has been the conduct of the officers and the people 
of a neighboring state either intentionally or otherwise that Kansas today 
is without a single law enacted by the people of the Territory Not a man 
in the country will attempt to deny that Every election held under the 
Territorial government was carried by armed invaders from an adjoining 
State for the purpose of enacting laws in opposition to the Known wishes 
of the People 

The Territorial government should be withdrawn because it is inoperative 
The officers of the law permit all manner of outrages and crime to be per- 
petrated by the invaders and their friends with impunity while the citizens 
proper are naturally law abiding and order loving disposed rather to suffer 
than do wrong Several of the most aggravated murders on record have 
been committed but so long as the murderers are on the side of the oppressers 
no notice is taken of them Not one of the whole number has been brought 
to justice and not one will be by the Territorial officers While the marauders 
are thus in open violation of all law nine tenths of the people scorn to recog- 
nize as law the Enactments of a foreign body of men, and would sooner lose 
their right arm than bring an action into one of their misnamed Courts 

Americans can suffer death but not dishonor and sooner than the people 
will consent to recognize the edicts of lawless invaders as laws their blood 
will mingle with the waters of the Kansas and this Union be rolled together 
in civil strife Not only is the Territorial government the instrument of 
oppression and subjugation of the People but under it there is no hope of 
relief The organic act permits the Legislature to prescribe the qualifications 
of voters and the so called Legislature has provided that no man shall vote 
in any Election who will not bow the knee to the dark image of Slavery 
and appointed officers for the term of four years to see that this provision 
is carried out Thus nine tenths of the citizens are disfranchised and de- 
barred from acting under the Territorial government if they would 

Even if allowed to vote the Chief Executive of the country says he has 
no power to protect the ballot box from invaders and if the people organize 
to protect themselves his appointees intimate that they must be disarmed 
and put down hence whether allowed to vote or not, there is no oppor- 
tunity for the people of the Territory to rule under the present Territorial 
government Indeed the laws are so made and construed that the citizens 



The Topeka Movement. 57 

of a neighboring state are legal voters in Kansas and of course no United 
States force can be brought against them 

They are by law entitled to invade us and control our Elections 

According to the organic act the People have have a right to elect a 
Legislature and that Legislature has a right to make laws, establish courts, 
and do every thing but choose their executive and Supreme Judicial officers 
If they have the right to do the one they undoubtedly should have to do the 
other The principle of "Squatter Sovereignty" upon which this act is 
said to be based knows no distinction between the power to legislate and the 
power to adjudicate or execute If the right of one department of the Govern- 
ment is inherent in the People so is the other On this subject there is high 
authority General Cass in the Senate said "The Government of the United 
States is one of limited authority vested with no powers not expressly granted 
or not necessary to the proper execution of such as are" 

"There is no provision in the Constitution granting any powers of legisla- 
tion over the Territory or other property of the United States Except such 
as relates to its regulation and disposition Political jurisdiction is entirely 
withheld nor is there any just implication which can supply this defect of 
original authority" 

Again he says "I shall vote for the entire interdiction of all Federal action 
over this general question (Slavery) under any circumstances that may 
occur" But the Executive and the Judiciary of Kansas are creatures of the 
Federal Government and under its control and the Governor has a nega- 
tive legislative power equal to two thirds of both branches of the Legislature 
leaving to the people only one third of one of the three departments of gov- 
ernment and to the General Government all of two departments and two 
thirds of the other 

Also he says "Leave to the people who will be affected by this question 
(Slavery) to adjust it upon their own responsibility and in their own manner 
and we shall render another tribute to the original principles of our govern- 
ment, and furnish another guaranty for its permanency and prosperity" 

But how can this or any other question be adjusted by the people while 
ruled by a foreign Executive and judiciary? 

Mr. Douglass says "I have always held the people have a right to settle 
their questions as they choose not only when they come into the union as a 
state but that they should be permitted to do so while a Territory" If the 
people have this right then the Federal Government has no right to inter- 
fere with it, and the people of Kansas have a right to demand that the present 
Territorial Government of Kansas be withdrawn and that they be allowed 
to choose all their officers 

Mr Henn of low^a in Congress said "I would that Congress would recog- 
nize the doctrine of 'Squatter Sovereignty' in its length and breadth that 
the citizen wherever he may settle if on American soil shall have all the rights 
and privileges of citizenship and be consulted by Executives as well as rep- 
resentatives this would be right this would be simple justice It is a doctrine 
that was broadly asserted and with firmness maintained by the Father of 
our Republic" 

In the Organic act of the Territory Sec. 14, is the following " It being the 
true intent and meaning of this act not to legislate Slavery into any Ter- 
ritory or State nor to exclude it therefrom but to leave the people thereof 
perfectly free to form and regulate their domestic institutions in their own 
way, subject only to the Constitution of the United States" But how can 
this intent be carried out with an Executive and Judiciary and two thirds 
of Legislature in opposition to the will of the people and with an overwhelm- 
ing invasion at every Election by permission of these officers 

In the President's annual message to Congress for the current year he 
says 

"In the Counsels of Congress there was manifested extreme antagonism 
of opinion and action between some representatives who sought by the 
abusive and unconstitutional Employment of the Legislative powers of the 
Government to interfere in the condition of inchoate states, and to impose 
their own social theories upon the latter and other representatives who re- 



58 Kansas State Historical Society. 

pelled the interposition of the General Government in this respect and main- 
tained the self constituted rights of the States In truth the thing attempted 
was in form alone action of the General Government while in reality it was 
the endeavor by abuse of legislative power to force the ideas of internal 
policy entertained in particular States upon allied independent States. 
Once more the Constitution and the Union triumphed signally The new 
Territories were organized without restrictions on the disputed points and 
were thus left to judge in that particular for themselves" 

If it would have been "abuse of Legislative power" for Congress to "force 
the ideas of internal policy entertained by particular States upon Kansas, 
by what reason does he justify the Executive in the exercise of that power? 
That the officials of his appointment are today endeavoring to do this very 
thing against the sentiment of a large majority of the people cannot admit 
of a doubt 

Again he says "The measure of its repeal (Missouri Compromise) was the 
final consumation and complete recognition of the principle that no portion 
of the United States shall undertake through assumption of the powers of 
the General Government to dictate the social institutions of any other 
portion" 

The people of Kansas have reason to feel that the "complete recognition" 
of the principle unless carried into practice is of no avail to them and that 
the recognition of this principle by Congress while the opposite is acted 
upon by the executive would be simple mockery 

Once more "If the friends of the Constitution are to have another struggle 
its enemies could not present a more acceptable issue than that of a State 
whose Constitution clearly embraces a republican form of government being 
Excluded from the union because its domestic institutions may not in all 
respects comport with the ideas of what is wise and Expedient entertained 
in some other state If a new State formed from the Territory of the United 
States be absolutely Excluded from admission therein that fact of itself 
constitutes the disruption of union between it and the other states But the 
process of dissolution could not stop there Would not a sectional decision 
producing such a result by a majority of votes Either northern or southern 
of necessity drive out the oppressed and aggrieved minority and place in 
presence of each other two irreconcilably hostile federations?" 

Thus it will be seen by the highest Democratic authority in the country 
that the people of Kansas have a right to demand the removal of the present 
oppressive Territorial government and also that they be admitted into the 
Union as an equal independent State 

Knowing that one great party in Congress with the President at its head 
was in principle committed to our defence and believing that many from 
the other parties would if not from principle as an act of justice be induced 
to look upon us with favor we had a right to anticipate a speedy termination 
of our present thralldom 

However owing to an apparent misunderstanding of the Constitutional 
movement in Kansas the President intimates in a special message that Con- 
gress must interfere and undo what with great care and expense they have 
so well done 

This message as it refers exclusively to Kansas should receive some at- 
tention from the General Assembly Kansas men — "Squatter Sovereignty" 
men — cannot fail to be somewhat surprised at its purport It is somewhat 
beligerent in its tone threatening to bring against the people of Kansas the 
army and navy of the United States and should this force be inadequate to 
the task the militia of the several states is to be brought into requisition to 
compel the people to submit to what they do not recognize as laws and to 
laws according to his own showing the people of Missouri with the aid of the 
Executive which he appointed, enacted But it is to be hoped that by the 
time his forces are raised and marched into the Territory he will find like his 
Excellency Governor Shannon that the people are not so deserving of an- 
nihilation as he had supposed 

The President gives the details of the invasions of Kansas and the Gov- 
ernor's connection therewith and does not deny that the so called Territorial 
Legislature was Elected by the People of Missouri but because the Governor 



The Topeka Movement. 59 

his appointee Chose to grant certificates of Election to a majority of persons 
Elected by the people of a neighboring state therefore the laws of that body 
are binding upon the people. To strengthen his argument he might have 
accused the Governor of still further complicity with the invaders and have 
said that although this territory is hundreds of miles in Extent and the people 
were politically unorganized yet he gave them but four days in which to con- 
test the Election and would not Extend the time one hour for it is said that a 
protest arrived at one o'clock on the morning of the fifth day which had it 
been regarded would have changed five seats in the Legislature but it was 
too late by one hour and could not be received 

The argument of the President may be good against any objection to the 
acts of the Legislature on his part as in the first place he refused to protect 
the ballot box from fraud and in the second place so far as lay in his power 
his appointee legalized it but is it good against the people 

The organic act provides for a legislature to be elected from and by the 
voters, and a voter is to be "an actual resident of said Territory" and if any 
other set of men Either with or without the sanction of the Executive claim 
to be the Legislature, are the people bound to regard them as such? Also 
this act says "it is the true intent and meaning of this act to leave the people 
of the Territory perfectly free to form and regulate their domestic institutions 
in their own way subject only to the Constitution of the United States" not 
subject to the People of Missouri or the Executive or both of them together 
How can true intent of the law be carried out by a Legislature Elected as 
was that on the 30th of March last? Yet that Legislature Elected from and 
by the People of a neighboring state have assumed to pass laws for the People 
of Kansas and also to "legislate Slavery into the Territory" which Congress 
itself professed not to have the right to do and these are the so called laws 
that the President says must be Enforced Even though it require all the army 
and navy of the United States and the militia of the several states undoubt- 
edly one half of this force will be all suflficient to Enable him to Enforce any 
process or to chop shoot and hang all the inhabitants but all the armies and 
navies in the world could not make the people believe he had a right to do it 
or that the enactments of that Border legislature were binding upon the 
People of Kansas 

If "Squatter Sovereignity means simply that Congress has no right to 
interfere with the affairs of a Territory but that the Executive and the 
People of another state have, then most certainly that doctrine will be very 
unpopular in Kansas 

Other reasons might be given to show that no legal legislature had ever 
passed laws in Kansas besides the above or the removal of the sittings from 
Pawnee to the Shawnee Mission which is on the Shawnee reserve as it is un- 
derstood and can consequently " constitute no part of the territory of Kansas " 
The organic act provides that "the persons having the highest number of 
legal votes in each district for members of council (or House of Representa- 
tives) shall be declared by the Governor to be duly Elected" From his 
decision there is no appeal according to the act, yet nine persons declared to 
be duly Elected by the Governor were Ejected by the Legislature and others 
admitted But one person it is believed was duly Elected by the legal voters 
of the Territory and he resigned his seat regarding the whole body illegal 
His seat was filled without an Election and by the Legislature, hence prob- 
ably not one of the body could have received the suffrages of the legal voters 
in the districts they pretended to represent 

It is the Enactments of such a body of men that the army navy and 
militia of the country are to Enforce upon a people who were told they should 
be "free to form and regulate their domestic institutions in their own way" 
A body of men elected by a neighboring state who did not sit at the seat of 
government as required who did sit at the Shawnee Mission understood to 
form no part of the Territory of Kansas who turned out nine of its legally 
Elected members and received in their stead nine persons not legally Elected, 
who filled a vacancy by appointment and not by Election of the voters of 
the district &c to say nothing of the Draconiun character of the Enactments 

The President says: "the constitutional means of relieving the People 



60 Kansas State Historical Society. 

of unjust administration and laws by a change of Public agents and by 
repeal are ample" 

This is usually the case and ought always to be so but the case of Kansas 
is an exception The administration of Kansas has its head at Washington 
and we do not have so much as a vote in favor of its continuance or removal 
while the repeal of any laws under present arrangement by the People is 
out of the question as the Legislature has disfranchised a large majority 
of them No man in favor of a change or repeal of certain laws can vote 
under our new order of things and consequently no peaceable way of establish- 
ing a government of the people is left but to form a State constitution and 
ask for admission into the Union This has been done but the President 
objects to our constitution and calls the movement for a State government 
revolutionary and intimates that the forces of the Union must if necessary 
be brought against it although he admits that it was not revolutionary for 
other territories to do precisely what we have done as " California Michigan 
and others" His reason is that the Constitution of Kansas was formed by a 
party and not by the whole People. What are the facts? A bill calling 
for a convention for the formation of a State constitution is said to have 
passed through one house of the mission Legislature and was defeated in 
the other only because they feared the result would be a free state 

In July and August a paper was circulated for the signatures of all such 
persons as were desirous of forming a State goverment and between one 
and two thousand persons signed it August 15th A general mass meeting 
of citizens irrespective of party was held at Lawrence pursuant to a published 
call signed "Many Citizens" to "take into consideration the propriety of 
calling a Territorial delegate convention preliminary to the formation of a 
State government and other subjects of public interest" At this meeting 
all parties participated and the following preamble and resolution were 
adopted with but one dissenting voice and that was an acknowledged dis- 
union abolitionist the only one of that party at the meeting 

"Whereas the People of Kansas Territory have been since its settle- 
ment and are now without any lawmaking power therefore be it Resolved. 
That we, the People of Kansas Territory in mass meeting assembled ir- 
respective of party distinctions influenced by a common necessity and 
greatly desirous of promoting the common good do hereby call upon and 
request all bona fide citizens of Kansas Territory of whatever political 
views or predilections to consult together in their respective Election districts 
and in mass convention or otherwise Elect three delegates for each Repre- 
sentative to which said district is Entitled in the House of Representatives 
of the Legislative Assembly by proclamation of Gov. Reeder of date 10th 
March 1855 Said Delegates to assemble in convention at the Town of 
Topeka on the 19th day of September 1855 then and there to consider and 
determine upon all subjects of public interests and particularly upon that 
having reference to the speedy formation of a State constitution with an 
intention of an immediate application to be admitted as a State into the 
Union of the United States of America" 

This was the first public action taken by the people in their sovereign 
capacity upon this subject and all parties and sects participated The next 
action was at a party convention held at Big Springs on the 5th and 6th of 
September A committee on State organization was appointed and made the 
following report 

"Your committee after considering the propriety of taking preliminary 
steps to framing a constitution and applying for admission as a State into 
the Union beg leave to report that under the present circumstances they 
deem the movement untimely and inexpedient" 

The following was offered as a substitute for the report: — 

"Resolved That this convention in view of its recent repudiation of the 
acts of the so-called Kansas Legislative Assembly respond most heartily 
to the call made by the People's convention of the 15th ult. for a Delegate 
convention of the People of Kansas Territory to be held at Topeka on the 
19th instant to consider the propriety of the formation of a State Consti- 
tution and such other matters as may legitimately come before it" 



The Topeka Movement. 61 

This substitute was agreed to 

Thus it appears that this party convention simply approved of the 
Citizens convention at Lawrence and let the matter rest A Delegate con- 
vention irrespective of party was held at Topeka September 19th agreeably 
to the call of the mass convention of the 15th of August and the following 
preamble and resolution were unanimously adopted 

"Whereas the Constitution of the United States guarantees to the 
People of this Republic the right of assembling together in a peaceble manner 
for their common good to "establish justice insure domestic tranquilliy 
provide for the common defense promote the general welfare and secure 
the blessings of liberty to themselves and their posterity" and whereas the 
citizens of Kansas Territory were prevented from electing members of a 
legislative assembly in pursuance of a proclamation of Gov. Reeder on the 
30th March last by invading forces from foreign States coming into the 
Territory and forcing upon the People a Legislature of non-residents and 
others inimical to the interests of the People of Kansas Territory defeating 
the object of the organic act in consequence of which the Territorial govern- 
ment became a perfect failure and the people were left without any legal 
government until their patience has become exhausted and 'Endurance 
Ceases to be a virtue' and they are compelled to resort to the only remedy 
left that of forming a government for themselves 

Therefore, Resolved by the People of Kansas Territory in Delegate Con- 
vention assembled That an Election shall be held in the several Election 
precincts of this Territory on the second Tuesday of October next under 
the regulations and restrictions hereinafter imposed for members of a con- 
vention to form a constitution adopt a bill of rights for the people of Kansas 
and take all needful measures for organizing a State government preparatory 
to the admission of Kansas into the Union as a State" 

At this Convention a Territorial Executive Committee was appointed 
and that Committee in accordance with the instructions of the convention 
issued a proclamation commencing as follows 

" To the legal voters of Kansas: — 

Whereas the Territorial government as now constituted for Kansas has 
proved a failure — Squatter Sovereignty" under its workings a miserable 
delusion in proof which it is only necessary to refer to our past history and 
our present deplorable condition — our ballot boxes have been taken pos- 
session of by bands of armed men from foreign States — our people forcibly 
driven therefrom — persons attempted to be foisted upon us as members of 
a so called Legislature unacquainted with our wants and hostile to our best 
interests — some of them never residents of our territory — misnamed laws 
passed and now attempted to be enforced by the aid of citizens of foreign 
States of the most oppressive tyrannical and insulting character — the right 
of suffrage taken from us — debarred from the privilege of a voice in the 
Election of even the most insignificate officers — the right of free speech 
stifled — the muzzling of the press attempted, and whereas longer forbearance 
with such oppression and tyranny has ceased to be a virtue and whereas 
the people of this country have heretofore Exercised the right of changing 
their form of government when it became oppressive and have at all times 
conceded this right to all the people in this and all other governments and 
whereas a Territorial form of government is unknown to the constitution 
and is the mere creature of necessity awaiting the action of the people and 
whereas the debasing character of the slavery which now involves us impels 
us to action and leaves us as the only legal and peaceful alternative the 
immediate establishment of a State government and whereas the organic 
act fails in pointing out the course to be adopted in an emergency like ours 
Therefore you are requested to meet at your several precincts in said Terri- 
tory hereinafter mentioned on the 2d Tuesday of October next it being the 
ninth day of said month and then and there cast your ballots for members 
of a convention to meet at Topeka on the 4th Tuesday in October next to 
form a constitution adopt a Bill of Rights for the people of Kansas and take 
all needful measures for organizing a State government preparatory to the 
admission of Kansas into the Union as a State" 



62 Kansas State Historical Society. 

On the 4th Tuesday of October the Constitutional convention assembled 
at Topeka and drafted a Constitution which was submitted to the People 
on the 15th of December and by them approved by a very large majority — 
men of all parties voting 

Such in brief is the history of the Constitutional movement in Kansas 
and if this is a "party" movement it is difficult to see in what way a con- 
stitution can be framed and adopted not open to this charge If the People 
or any portion of them failed to participate it was their own fault and not 
the fault of those who were active Democrats Hards and Softs Whigs 
Hunkers and Liberals Republicans pro and anti-slavery men of all shades 
participated in the formation of a State Government and if it be a party 
movement at all it certainly cannot be a movement of one party alone 
In a republican government the majority has no power to compel the minor- 
ity to vote on any question neither has the minority a right to object to 
the action of the majority because they did not choose to act with them 

The President says "no principle of public law no practice or precedent 
under the Constitution of the United States no rule of reason right or com- 
mon sense confers any such powers as that now claimed by a mere party 
in the territory In fact what has been done is of revolutionary character 
It will become treasonable insurrection if it reach the length of organized 
resistance by force to the fundamental or any other federal law and to the 
authority of the general government" 

No principle of Public law? What is the principle of "Squatter Sovereign- 
ity" then? No precedent? What did Michigan California and other new 
States do? No rule of reason right or common sense? Is " popular Sovereign- 
ty unreasonable unjust and nonsensical? Suppose the party comprise an 
overwhelming majority of the people what then? 

James Christian Esq. a very honourable and highminded proslavery 
gentleman writes to a friend in Kentucky as follows "I believe I informed 
you before that I have been appointed Clerk of this (Douglass) County 
under the Territorial Legislature but we are in such a horrid state of con- 
fusion in regard to the laws that it dont pay anything The free soilers are 
in a large majority in the Territory and they are determined to pay no 
regard to the laws consequently they will not sue nor have any recording 
done so my office in only in name It is the same all over the territory" 

According to the President this "large majority" can have no rights 
because they happen to think alike on a certain subject or belong to the same 
"party" It was. formerly of principle of democracy that the majority 
especially "large majorities" should rule but times must have changed 

If this "large majority" persist in setting in motion a state government 
it will be "treasonable" It was not so however in "Michigan California 
and other States" But the people of Kansas do not propose to reach the 
point of organized resistance by force to the fundamental or any other 
federal law and to the authority of the General Goverment" unless our 
state whose constitution clearly embraces a "Republican form of Government 
is Excluded from the Union because its domestic institutions may not in 
all respects comport with the ideas of what is wise and Expedient Enter- 
tained in some other state" If our State "be absolutely excluded from 
admission therein that fact of itself (may) constitutes the disruption of 
union between it and the other States but the process of dissolution could 
not stop there" and we should have the chief Executive on our side in such 
an Event But no [such] result is to be anticipated When the President 
fully understands our case he can do no less than withdraw his reccomenda- 
tions for an Enabling act to form another constitution and Congress will 
admit us without delay 

Also we have confidence that no attempt will be made by the federal 
authorities to Enforce the Enactments of a Foreign Legislature upon the 
people of Kansas Mr. Christian the proslavery clerk of Douglass County 
says the people of Missouri came into the territory on the 30th of March 
last "bearing with them their peculiar institutions — bowie knives pistols 
and whiskey — to the amount of five or six thousand carried the Election 
by storm and elected every proslavery candidate that was in the field by 
overwhelming majorities thus securing every member of the council and 



The Topeka Movement. 63 

House of Representatives in some instances driving from their seats the 
judges appointed by the Governor and placing judges from their own number 
in their stead who paid no regard to the instructions of the Executive &c 

It cannot be that the President after permitting the People of another 
State to take from the legal voters their constitutional and organic rights 
will add to the outrage by compelling the People of Kansas to submit to their 
authority and obey their enactments 

It is bad enough to be deprived of the right to make laws for ourselves 
but it is worse to be compelled to submit to the laws of those who deprive 
us of that right Although there has been and there will be no organized 
resistance to the Enactments of the self styled Territorial Legislature yet 
nine men out of every ten spurn it with contempt as a gross outrage upon 
American citizens and it is highly proper for the General Assembly to 
memorialize Congress upon this subject as well as with reference to the ad- 
mission of the State into the Union 

The President apologizes for the frequent invasions of Kansas on the 
ground that some northern people talked about the repeal of the Missouri 
Compromise and subjects connected with the Extension of negro bondage 
and because an Emigrant Aid Association had been formed 

The people of this country have been in the habit of talking about the 
affairs of Government ever since the May Flower discharged her cargo on 
Plymouth Rock but this is the first time that it has been considered an 
apology for an invasion of a distant State or territory If the People of Kansas 
were accountable for the loquacity of the north or the silence of the south 
the case might be different Emigrant Aid Associations are nothing new in 
the United States When California was first opened to settlement the same 
kind of Associations was formed with only this difference — in one case each 
party had an agent of its own for the purpose of procuring tickets arranging 
details &c while in the other all the parties have a common agent There 
is however connected with the aid society for Kansas Emigrants a Stock 
company for the purpose of erecting mills hotels &c in the new country but 
the agents of this society will purchase tickets for a slaveholder as soon as 
for a free state man and the investments are for the benefit of all settlers 
alike No questions are asked and no distinctions made Had the President 
visited western Missouri before any aid society had been formed at the east 
he might have found a secret oath bound association pledged to make of 
Kansas a Slave state peaceably if they could forcibly if they must This 
Society has been in active operation since its inception and now threaten to 
deluge Kansas with the blood of American citizens for the crime of preferring 
a free to a Slave state Also it is only necessary to read a few southern 
journals to see accounts in different parts of the South not of Emigrant 
Aid Societies but of Emigrant buying or hiring Societies which do not simply 
procure tickets for the Emigrant at cost irrespective of party or condition 
but which pay the fare and expenses of the right kind of Emigrants and 
support them in Kansas one year more or less However it may be the 
"King can do no wrong" although it may be wrong for common people 
to do as the King does 

The people of Kansas will not object to Aid Societies whether north or 
south so long as they treat all parties alike Immigrants from all parts of 
the country are received with a hearty welcome and the investment of 
capital whether eastern or western northern or southern is greatly needed 
The settlers of Kansas have suffered some losses and injury from repeated 
invasions from a neighbouring state and it is highly proper that congress be 
memorialized upon this subject expecially should the general government 
repair the injury it has inflicted All the invasions have been permitted by 
the officers of the government without any opposition while at least one 
was invited by them It is the duty of the federal government to protect 
infant territories in their rights but Kansas has not only not been protected 
but it has been actually oppressed by those whose duty it was to defend it 

It is unjust to any community to send among them officers with govern- 
ment patronage whose political sentiments are opposed to the sentiments of 
the people particularly when those officers mount the stump and shoulder 
the rifle for the purpose of crushing out all who differ from them Some of 



64 Kansas State Historical Society. 

the federal officers of Kansas are charged with undignified conduct and one 
of them at least with high crimes and it is the duty of the Legislature to 
memorialize the President that our citizens may be protected in their lives 
and inalienable rights and from unwarrantable interference of officials in 
the management of their internal affairs It is manifestly improper for the 
federal officers to dictate into or out of Kansas an institution over which 
Congress professed to have no authority 

It is understood that the deputy marshall has private instructions to 
arrest the members of the Legislature and the state officers for treason as 
soon as this address is received by you In such an event of course no 
resistance will be offered to the officer Men who are ready to defend their 
own and their country's honour with their lives can never object to a legal 
investigation into their actions nor to suffer any punishment their conduct 
may merit 

We should be unworthy of the constituency we represent did we shrink 
even from martyrdom on the scaffold or at the stake should duty require it 
Should the blood of Collins and Dow of Barber and Brown be insufficient 
to quench the thirst of the President and his accomplices in the hollow 
mockery of "Squatter Sovereignty" they are practicing upon the people of 
Kansas then more victims must be furnished But let what will come not 
a finger should be raised against the federal authorities until there shall be 
no hope of relief but in revolution The task imposed upon us is a difficult 
one but with mutual cooperation and a firm reliance upon His wisdom who 
makes the "wrath of man praise him" we may hope to inaugurate a govern- 
ment that shall not be unworthy of the country and age in which we live 

TOPEKA March 4th 1856 

signed C. Robinson 

Mr moved the House now adjourn motion lost 

On motion of Mr. Dickey Resolved that 800 additional copies of the 
Daily Tribune be furnished for the use of the members Mr. Blood moved 
to amend by inserting 300 instead of 800. Mr. Tuton moved further to 
amend by substituting 50 instead of 300 The question being on the amend- 
ment to the amendment the motion was lost The amendment proposed by 
Mr. Blood prevailed and the motion as amended was carried 

Mr. Tuton offered the following preamble and resolution 

Whereas the Constitution of our state is yet in the hands of the Execu- 
tive Committee and whereas we deem it highly important that it should 
at once be placed in the hands of both the Senate and the House of Repre- 
sentatives now assembled at Washington City in order to ask an immediate 
admission into this Union, as one of the States of this Confederacy there- 
fore Resolved The Secretary of the Executive Committee be required to 
place the original copy in the hands of the Executive Department to be 
forwarded by them to Washington immediately — 

during the pendency of which motion the house adjourned until 2 o'clock 
P. M. J. K. GOODIN ChJ Clk H. Rep. 

2. O'clock P. M. 

The House met pursuant to adjournment A call of the House was had 
when 32 members responded to their names 

The resolution of Mr. Tuton being the first business in order — on motion 
of Mr. Mewhinney it was laid upon the table 

A memorial from J. Beyer Esq contesting the seat of Adam Fisher was 
presented and on motion of Mr. Tuton was accepted and a committee 
of five was appointed to inquire into the facts relating to the contest together 
with the claims of the contestant and report the same to the House said 
committee having power granted them to call for persons and papers The 



The Topeka Movement. 65 

chair appointed Mess Zimmerman McClure Dickey Curtiss and Mewhinney 
the committee 

On motion the vote to lay upon the table and order to be printed the 
report of the committee on rules and regulations was reconsidered 

The report of the committee on rules and regulations for the government 
of the House which was laid on the table and ordered to be printed on motion 
of Mr. Tuton was taken up when the report was read by sections and adopted 
with a single amendment 

Mr. Crosby moved that 200 copies of the report be printed for the use of 
the House motion lost 

Mr. Addis moved that 100 copies of the report be printed for the use of the 
House motion carried 

Mr. Dickey on leave presented the following memorial 

Gentlemen of the House of Representatives Will it comport with your 
arrangments to grant us the use of your hall this (Wednesday) evening for a 
temperance meeting at the request of 

Many Citizens 

On motion of Mr. Addis the request was granted 
On motion of Mr. Sparks 

Resolved That the members of this House have heard with deep concern 
of the butchery of the Hon. R. P. Brown a member elect of this body 

Resolved that we sympathise with the relatives of the deceased in their 
great breavement 

Resolved that a copy of the resolutions be transmitted to the widow and 
relatives of the deceased 

Resolutions adopted Mr Dickey of Topeka then presented the following 
resolution which was adopted 

Whereas it has pleased Almighty God in the wise dispensation of his 
Providence to remove from among us Major M. M. Robinson member 
elect of this House from the 3d district 

Therefore Resolved That we learn with deep regret of the death of Major 
Robinson and that we earnestly sympathize with the citizens of the 3d 
district particularly and of the State generally in the decease of this member 
of their choice 

Resolved that we hereby tender to the family and friends of the deceased 
our unfeigned condolence in this their sad bereavement 

Resolved that as further testimony of respect to the memory of Brown 
and Robinson this House do now adjourn until tomo.row morning at 10 
o'clock 

Resolved that a copy of these resolutions be forwarded to the family and 
friends of the deceased 

The House then adjourned until Thursday 10 o'clock A. m. 

J. K. GooDiN Ch'f Cl'k H. Rep. 

House of Representatives 

10 o'clock March 6, 1856 
House met pursuant to adjournment and was called to order the Speaker 
in the Chair 

Prayer by the Chaplain 

Roll called — thirty nine members answered to their names 
Mess. John Hutchinson of the first district and Abraham Barry of the 
Seventh Senatorial districts appeared took the oath of office and entered upon 
the discharge of their duties 
—5 



66 Kansas State Historical Society. 

Journal of yesterday read amended and approved 

On motion of Mr. Walker the vote upon the passage of the resolutions 
relative to the decease of Hon R. P. Brown was reconsidered 

On motion of Mr. Brown a committee of three were appointed to draft 
Resolutions expressive of the sense of this body on the death of Hon R. P. 
Brown The Chair appointed Mess Hutchinson Brown and Dickey and 
upon the motion of Mr. Hornsby the resolutions were referred to the special 
committee 

Mr. Walker offered the following Resolution and Preamble 

Whereas Thomas Barber one of our most excellent and unoffending 
citizens has been most brutally murdered in cold blood and whereas the 
murderer is believed on good evidence to be an accredited agent and appointee 
of the President of the United States is as yet unapprehended by the Terri- 
torial authorities and is retained in office under the General Government 

Therefore Resolved that we tender to the widow and friends of c ur murdered 
fellow citizen our sincere sympathy 

Resolved that the President by continuing in office the murderer of the 
lamented Barber is tacitly endorsing the criminal and the blood of our 
brother and friend cries from the ground against all such 

On motion of Mr. Abbott the resolutions were referred to the select 
committee appointed on the resolutions relative to the decease of Hon. R. 
P. Brown 

On motion of Mr. Addis an addition of two persons was made to the 
committee The Chair appointed Mess Walker and Tuton 

On motion of Mr. Hutchinson 

Resolved that a committee of three from the House be appointed to act in 
conjunction with a similar committee from the Senate to draw up and report 
to this House a memorial to Congress containing the grievances of the 
People of Kansas and an application for the immediate admission of Kansas 
as a Sovereign State 

The Speaker announced the following standing committees 
Ways and Means Mess Dickey Cody Bayliss Addis & Crosby 
Claims Mess Jameison Hornsby Piatt Mewhinney & Shores 
Judiciary Mess Hutchinson Barry Curtiss Frost and McClure 
Agriculture and Manufactures Mess. Tuton, Sparks Reese Williams 

and Pattie 

Apportionment Mess Toothman Arthur Wade Hartwell & Hornby 
Corporations and banking Mess Blood Cannon Landis Staniford & 

Zimmerman 

Elections Mess Zimmerman Purdam Saunders Simmerwell and Abbott 
Public Institutions Todd Tabor Mewhinney Hicks and Marshall 
Vic and Immorality Mess Brown Landers Jones McGhee and Wetson 
Finanace and Taxation Mess McClure Bowen Brock Stephens and 

Walker 

Accounts Mess Curtiss Adams Barnett Orr and Cody 

Printing Mess Frost Reese Wetson Stephens and Hornsby 

State Lands Mess Addis Blood Campbell Ferby and Jameson 

New Counties and County Lines Mess Hicks Orr Wade Purdam and 

Mewhinney 

Public Roads Mess Jameson Baldwin McGhee Hartwell and Fisher 
Militia Mess Saunders Dickey Abbott Walker and Sparks 



The Topeka Movement. 67 

Internal Improvements Mess Edsall Martin Weston Zimmerman & 
Hornsby 

Education Hornsby Hartwell Higgins Frost and Crosby 

On motion of Mr. Crosby the following Resolution was offered. 

Re wived That 500 copies in pamphlet form of the Declaration of Inde- 
pendence — the Constitution of the United States The Constitution of 
Kansas — The Governors messages and the Joint rules of the Senate and 
House of Representatives and the rules of each 

Resolution was referred to the Committee on Printing Mr. Addis moved 
to strike out the words "Governor's messages" Mr. Stephens moved to 
lay the resolution upon the table motion lost. 

Mr. Hornsby moved a reference of the resolution to the committee on 
Printing which motion prevailed The committee on contested seats reported 
progress and asked leave to sit again Leave was granted 

Mr. Hutchinson offered the following resolution 

Resolved That all laws passed by this house shall take effect immediately 
upon the admission of Kansas into the Union as a "Sovereign State" and 
no act shall become a law until such time unless where a special act of the 
House and Senate at a subsequent session of the Legislature makes it a law. 

On motion the resolution was laid upon the table 

A special message from the Governor was announced by his Private 
Secretary 

SPECIAL MESSAGE FROM THE GOVERNOR 

Executive Office March 6, 1856 
To the Senate and House of Representatives of the State of Kansas 

Gentlemen As there appears to be a difference of opinion in regard to 
right of lawmaking by the General Assembly and also in regard to the con- 
struction to be put upon my communication upon this subject to your 
honourable bodies on the 4th inst it is proper for me to State that the message 
of the 4th was intended to reccommend no course to be taken in opposition 
to the General Government or to the Territorial Government while it shall 
remain with the sanction of Congress Collision with either is to be avoided 

That the People of a Territory have a right to peaceably assemble and 
memorialize congress or the President and to adopt a constitution and 
organize a State Government and appoint such official agents and such 
other acts as are indispensible to the action of a State Especially to its 
action as a member of the Union prior to its admission there is no doubt 
provided the proceedings are in strict subordination to the existing Federal 
Government and in subserviency to the Powers of Congress To this extent 
a people may go in conformity to law and for this there can be no penalty 

(signed) C. Robinson 

On motion of Mr. Hutchinson the message was laid upon the table and 
it was moved that 5,000 copies of the same be printed 

Mr. Curtiss offered the following amendment that 5,000 be striken out 
and 1,000 inserted in its place Amendment was adopted 

The resolution as amended was adopted 

Mr. Orr moved a reconsideration of the vote laying the resolution of Mr. 
Hutchinson upon the Table Mr. Zimmerman raised a point of order "That 
the mover for reconsideration was not competent to make the motion on 
account of his former vote upon the passage of the resolution" 

The Chair decided the point of order well taken 

Mr. Addis moved a reconsideration of the vote taken upon the resolution 



68 Kansas State Historical Society. 

during the pendency of which a motion for a recess until 2 o'clock P. M. 
was made and decided by the Chair to be lost A division being called for 
a rising vote was taken and the motion was carried 
The House than took a recess. 

2 o'clock P. M. 

House met Speaker in the chair 

Roll called a quorum answered to their names. The motion of Mr. 
Addis to reconsider the vote upon Mr. Hutchinson's resolution being the 
first business in order it was reconsidered. 

The Committee appointed to memorialize Congress was announced by 
the chair Mess Hutchinson Brown & Blood 

On motion of Mr. McClure the following resolution was offered 

Resolved by the Senate and House of Representatives of the State of 
Kansas that the Laws enacted by the present Legislature shall not have 
effect until an act be passed by the present or some future Legislature 
declaring them valid 

Mr. "Williams proposed to amend by striking out valid and inserting 
"in force" carried 

Mr. Blood proposed to add the words "except by special provision" 
which amendment was carried 

The rules for 2d and 3d readings being suspended, the resolution as 
amended then passed by the following vote 

Yeas, Mess. Abbott Blood Bowen Barry Curtiss Crosby Edsaul Hartwell 
Hutchinson Hornsby Hicks Jameson Mewhinney McClure McGhee Purdam 
Saunders Simmerwell Shores Stephens Sparks Tabor Toothman Todd Wil- 
liams Zimmerman Yeas 26 

Nays Mr. Brown 1. 

Resolution offered by Mr. Curtiss 

Resolved That the Executive Committee of Kansas Territory be and is 
hereby instructed to issue certificates of indebtedness in the usual form to 
pay the expenses of the General Assembly including the mileage and per 
diem of members Clerks and other officers as also one quarter's salary to 
the State officers when those salaries shall be fixed by law 

Mr. Blood moved to lay the resolution upon the table-motion Lost On 
motion of the same gentleman the consideration of the resolution was post- 
poned until Monday next 

On motion of Mr. Tuton addition of two was made to the committee on 
memorials The chair appointed Mess McClure and Curtiss The Clerk upon 
motion of Mr. Hartwell was instructed to communicate to the Senate the 
joint resolution on memorials requesting their concurrence therewith 

On motion of Mr. McClure the Clerk was also instructed to inform the 
Senate of the passage of the joint resolution relative to the enforcement of 
the Laws asking their concurrence therein 

Mr. Tuton made a motion that a committee of 3 be appointed to confer 
with a similar committee from the Senate to prepare a memorial to the 
Senate of the United States motion lost 

Mr. Tuton moved that a committee of 5 be appointed to act in conjunc- 
tion with a similar committee of the Senate to draft a memorial to the Presi- 
dent of the United States setting forth our position and all the facts connected 



The Topeka Movement. 69 

therewith — chair appointed Mess Tuton Hutchinson Toothman Todd & 
Dickey 

On motion of Mr. Hartwell 

Resolved That a select committee of three members be appointed by the 
House to confer with a similar committee of the Senate to bring in the names 
of 6 persons from whom 3 shall be selected to act as commissioners to revise 
and simplify the practice of law pursuant to the first section of art 13 of the 
Constitution and report their names to a convention of the House and Senate 
as soon as may be 

The House at the request of the Speaker selected as that committee 
Mess Hutchinson Brown and Zimmerman 
motion of Mr. Frost 

Resolved that the 3d house be allowed the use of this hall on this evening 
if not otherwise occupied by this body 

Motion lost 

Mr. Dickey presented the following memorial 

To the Speaker and members of the House of Representatives 

The undersigned in behalf of the Kansas Philomathic Institute respect- 
fully request the use of your hall for a public lecture to be delivered before 
that society on Saturday evening next by the Rev. Edward Seagraves 

Respectfully &c 
ToPEKA March 6, 1856 Henry P. Waters Secty 

On motion of Mr. Blood the request was granted. Mr. Hartwell moved 
an adjournment until 10 o'clock tomorrow morning Mr. Frost moved an 
an amendment insert 9 in place of 10. motion lost 

The motion of Mr Hartwell prevailed and the House adjourned until to- 
morrow morning at 9. O'clock 

J. K. GooDiN Ch'f Clk H. Rep. 

House of Representatives 

March 7. 1856. 10 o'clock. 

House met pursuant to adjournment 

Prayer by Rev. Seagraves 

Mess Reese Landers and Cannon of the 5th Senatorial District appeared 
and took the oath of office and their seats as members of the house 

Journal of yesterday read, amended and approved 
messages from the senate 

Relative to memoralizing Congress 

Relative to election of Code Commissioners 

Mr. Hartwell moved to lay the messages on the table Mr. Hutchinson 
moved they be returned to the Senate asking their concurrence with resolu- 
tions of a similar character 

The Chairman of the special committee on contested seats of Adam 
Fisher made the following report 

MEMORIAL 

To the Honorable members of the first house of representatives of the State of Kan- 
sas in Assembly met 

I. Jacob Beyer your memorialist would submit the following contest of 
election to your honourable body for consideration and action I do certify 
that at the elections duly held at the precincts of Easton and Wyandot I 
was duly elected a member of your honourable body from the 12th district 



70 Kansas State Historical Society. 

and furthermore I do certify that certain judges and Clerks of election at 
Leavenworth precinct of said 12th district did secretly and covertly by per- 
ambulating the streets of Leavenworth and pocketing votes secure a certi- 
ficate of election to Adam Fisher and whose right to a seat in your honourable 
body I do for the reason above given formally contest and would respectfully 
submit the same to your honourable body for consideration and action 
For which your memorialist will ever pray 

Respectfully and obediently yours 

J. Beyer. 

Committee on Contested election in 12th Senatorial district 

As Chairman of the committee appointed to consider the contested seat 
of the 12th Senatorial or Leavenworth district in which J. Beyer contests 
the seat of Adam Fisher, I beg leave to submit the following report: — 

The votes polled at the different precincts of the 12th Senatorial district 
touching this contested case were the following: 

At Wyandot precinct Jacob Beyer received thirty four votes and Adam 
Fisher received no vote in this precinct 

At the Easton precinct J. Beyer, received fifty-nine votes and Adam 
Fisher received fourteen votes and at the Leavenworth precinct Adam 
Fisher had one hundred and sixty two votes while J. Beyer had no vote 

The returns of the Easton and Wyandot precincts show a clear majority 
of seventy-nine votes for Jacob Beyer over Adam Fisher, but by including 
the vote of the Leavenworth precinct in the same district Adam Fisher will 
have a clear majority of eighty three votes over Jacob Beyer The regularity 
and legality of the election and returns of the Easton and Wyandot precincts 
is undisputed And the only question which arises is. Is the election the 
manner of its conduction and the returns of the Leavenworth precinct 
legal regular and valid so as to admit it here? 

The committee have examined the tally lists the poll books besides a 
number of witnesses from which they have gleaned the following facts. 
The poll books and tally lists of Leavenworth precinct are signed by two 
Clerks and by but two Judges the witnesses all testified that the votes were 
deposited either in an overcoat pocket. The votes of some of the witnesses 
were taken by a single clerk in the absence of the two judges J. M. Hook and 
F. P. Campbell another witness alleges that he voted out in the Street at the 
corner of a house that his vote was deposited with one clerk and one judge 
the clerk making a memorandum with a lead pencil in a small book he had 
for that purpose — several of the witnesses also testified that they were fur- 
nished with tickets by these same perambulating officials with the declaration 
that they were the tickets of the regular nomination when the facts were 
otherwise The election precinct had also been changed from Leavenworth 
to Easton some days previous to this secret election 

From all the evidence the committee have been able to procure they have 
decided that the vote at Leavenworth precinct was illegal and they therefore 
find adversely to the claims of Adam Fisher and in favour of Jacob Beyer for 
a seat in this House 

E. R. Zimmerman Chairman &c 

Mr. Crosby moved the adoption of the report Mr. Stephens moved it be 
laid upon the table motion lost The motion of Mr. Crosby prevailed Mr. 
Edsall on leave made some personal explanations relative to his vote on the 
contested case of Beyer vs Fisher 

On motion the committee of contested seat was discharged 
Mr. Brown called for the reading of the report of the Executive Com- 
mittee Mr. Tuton moved a recess until 2 o'clock P. M. at which time the 
Senate to be notified of the desire of the House to go into joint convention 
for the purpose of receiving of report of Executive Committee motion 
carried 



The Topeka Movement. 71 

2 o'clock P. M. 
House met pursuant to adjournment Roll called and a quorum answered 
to their names 

Mr. Mewhinney presented the following petition 

To the Honourable the House of Representatives of the State of Kansas 

We the undersigned a committee of Kansas now congregated at Topeka 
respectfully petition your honourable body that the use of the Hall of the 
House of Representatives be granted us on this evening if not needed by 
your body 

(Signed) C. W. Babcock 

S. Sutherland 
JosiAH Miller 
J. C. Gordon 
F. L. Crane 
On motion of Mr. Crane the request was granted 

Mr Beyer of the 12th Senatorial district presented himself to the House 
took the oath of office and entered upon the discharge of his duties as a mem- 
ber of the house 

Mr. Wm. Pennock of the 12th Senatorial district presented his credentials 
for membership to the House 

On motion of Mr. Blood a committee of three was appointed to examine 
the credentials of Mr. Pennock, and report thereon to the House 

The Chair appointed Mess Jameson Crosby and Toothman said committee 
The time having arrived for the meeting of the joint convention of both 
Houses the Senate was announced and took their seats in convention The 
President of the Senate presiding The report of the Chairman Secretary and 
Treasurer was submitted and read The business for which the convention 
had met having been finished it was declared by the President adjourned 
sine-die 

On motion of Mr. Orr the house proceeded to the election of an assistant 
transcribing clerk pro tern which resulted as follows. 
C. S. Pratt had 18 votes 
F. W. Giles had 13 " 
S.Tucker had 2 
Whole number of votes 38 

Necessary to a choice 20 

Neither person having received a majority of all the votes cast it was 
declared that there had been no election 

A second balloting was had which resulted as follows 
C. S. Pratt had 20 
S. Tucker had 3 
F. W. Giles had 17 
Whole number of votes 40 

Necessary to a choice 21 

Neither person having received a majority of all votes cast a third bal- 
loting was had with the following result 

C. S. Pratt had 16 votes 
F. W. Giles had 22 " 
F. W. Giles having received a majority of all the votes cast was declared 
duly elected 

On motion of Mr. Dickey resolved that 10.000 copies of the reports of the 
Executive Committee be printed for the use of the House. Mr. Blood pro- 



72 Kansas State Historical Society. 

posed to amend by inserting 200 instead of 10,000 Mr. Addis moved to 
amend by inserting 500 which amendment prevailed Resolution as amended 
was adopted 

Report of Executive Committee 

ToPEKA, Kansas Mar. 6. 1856 
Gentlemen of the Senate and House of Representatives 

In response to your resolution of the 5th inst I have the honor to submit 
the following report: 

As the Executive Committee were entrusted by the people with the or- 
ganization of a State government and as some steps of that organization do 
not seem to be fully understood I have taken the liberty of embracing in 
this report a brief history of that organization Early in August 1855, the 
following notice was printed and widely circulated among the people of the 
Territory 

MASS MEETING 

The Squatters of Kansas Territory without distinction of party will 
assemble in mass meeting in Lawrence on Wednesday the 15th day_ of 
August at 3 o'clock P. M. to take into consideration the propriety of calling 
a territorial convention preliminary to the formation of a State government 
and other subjects of interest 

signed (Many Citizens) 

Pursuant to this call a large convention of the people irrespective of party 
met and adopted the^foUowing preamble and resolutions with but one dis- 
senting vote 

Whereas the people of Kansas have been since its settlement and are 
now without any law making power therefore be it Resolved: 

That we the people of Kansas in mass meeting assembled irrespective of 
party distinctions influenced by a common necessity and greatly desirous of 
promoting the common good, do hereby call upon and request all bona 
fide citizens of Kansas Territory of whatever politics views or predilections 
to consult together in their respective election districts and in mass con- 
vention or otherwise elect three delegates for each representation to which 
such district is entitled in the House of Representatives of the Legislative 
assembly by proclamation of Gov. Reeder of date 10th March 1855 said dele- 
gates to assemble in convention at the Town of Topeka on the 19th day of 
September 1855 then and there to consider upon all subjects of public 
interest and particularly upon that having reference to the speedy formation 
of a constitution with intention of an immediate application to be admitted 
as a State into the Union of the United States of America On the 19th 
day of September 1855 the peoples convention assembled at the Town of 
Topeka, pursuant to the above resolution and the following among other 
proceedings were had. The report of the business committee was unani- 
mously adopted as follows Whereas, the constitution of these United 
States guarantees to the people of this republic the right of assembling to- 
gether in a peaceable manner for the common good, to establish justice 
ensure domestic tranquility provide for a common defense, promote the 
general welfare secure the blessings of liberty to themselves and their posterity 
and whereas the citizens of Kansas Territory were prevented from electing 
members of the Legislative assembly in pursuance of the proclamation of 
Gov. Reeder on the 30th of March last by an invading force from foreign 
States coming into the Territory and forcing upon the people a legislature 
of non residents and others inimicable to the people of Kansas Territory 
defeating the object of the organic act in consequence of which the territorial 
government became a total failure and the people were left without any 
legal government until their patience has become exhausted and forbearance 
ceases to be a virtue and they are compelled to resort to the only remedy 
left that of forming a government for themselves 

Therefore Resolved by the People of Kansas Territory in delegate con 



The Topeka Movement. 73 

vention assembled that an election shall be held in the several election 
precincts of this Territory on the second Tuesday of October next under the 
regulations and restrictions hereinafter imposed for members of a convention 
to form a constitution adopt a bill of rights and take all needful measures 
for organizing a state government preparatory to the admission of Kansas 
as a State 

Resolved that a committee of seven be appointed by the chair who 
shall organize by the appointment of a chairman and a Secretary they 
shall keep a record of their proceedings and shall have the general super- 
intendence of the affairs of the territory so far as the organization of a State 
government is concerned which committee shall be styled the Executive 
Committee of Kansas Territory 

As a continuation of this history I annex and make a part of this report 
the proclamation of the Executive Committee marked (A) fixing the time 
place and manner of holding the election of delegates to the constitutional 
convention as also a notice to the electors marked (B.) and the proclamation 
announcing the result and the names of the delegates marked (C) and the 
proclamation calling upon the people to vote upon the constitution the 
general banking law and the passage of Stringent laws for the exclusion of 
free negroes marked (D) and the proclamation announcing the result of the 
vote marked (E) also a proclamation calling upon the people to elect state 
officers and members of the General Assembly marked (F.) also the pro- 
clamation giving the result of the State election and the names of the State 
officers elected (G.) and the result of the election of members of the General 
Assembly and the names of the persons elected marked (H) 

By reference to these official papers it is evident that a State organization 
has been had without any regard to party distinctions all bona fide citizens 
legal voters were pressingly invited to participate without reference to party 
predilictions 

In view of the fact that Gov. Shannon had been so recently misled by 
the falsehoods of the enemies of the people of Kansas it is wonderful that 
the President of the United States should without examination upon exparte 
testimony publish that the State organization was a mere party measure 
when every notice resolution and proclamation proves that the people of 
Kansas without reference to party ties originated and have so far successfully 
carried it through it is true that the government officials with but one 
exception failed to cooperate with the people in their efforts to establish 
a free government more however it is believed from fear of losing their 
positions than hostility to the movement It is presumed that the President 
would not have preferred this charge against the squatters of Kansas had 
he known that those who failed to participate in the State organization 
were principally his own appointees to make out his case he is compelled 
to take advantage of his own wrong which is forbidden by every rule of law 
and justice 

FINANCIAL 

Before the meeting of the constitutional convention it became manifest 
that some provision must be made for raising funds for carrying on the 
State organization on the tenth of November the first certificate was 
issued under the following provision adopted by the constitutional convention 

Certificates of indebtedness may be issued by the Territorial Executive 
Committee for all necessary expenses occuring in the formation of the 
State government not exceeding Twenty five Thousand Dollars provided that 
no certificates shall be issued except for legitimate expenses All claims 
shall be made in writing and shall be numbered and kept on file in the Secre- 
tarys office and all certificates of indebtedness shall be signed by the Chair- 
man and Secretary and countersigned by the Treasurer and numbered to 
correspond with the claim or bill for which it was issued The certificate 
shall bear ten per cent interest per annum 

The rules laid down have been rigidly adhered to the whole issued as 
shown by the books of the Secretary is fifteen thousand two hundred and 
sixty dollars 90/100 ($15,265.90) from this amount if you deduct sums 



74 Kansas State Historical Society. 

issued and to be issued to agents sent to the United States amounting to 
$If200 it leaves the net cost of the State organization $11,065.90 The Com- 
mittee entertain the hope that it will be conceded that in the management 
of the funds economy has controlled in every expenditure they challenge 
comparison and are confident that no state government has been organized 
on this continent at anything near these figures The people of Kansas are 
already reaping the benefits of this economy in disposing of their certificates 
at par while Missouri State Bonds are selling at eightyfive cents 

CONSTITUTION 

Shortly after the constitutional convention Marcus J. Parrott Esq. 
member of the constitutional convention and member of the executive com- 
mittee was appointed to draft a memorial to the congress of the United 
States asking for the admission of Kansas into the Union of the United 
States with her present constitution about the same time a manuscript copy 
of the constitution was forwarded to M. F. Delahay Esq. of Leavenworth 
afterwards elected Representatives to Congress. Before the organization 
of that body both left for Washington City one with the copy of the consti- 
tution and the other with power to draft a memorial both empowered to 
present the constitution 

On the 16th of January the following order was passed by the Executive 
Committee That the Chairman appoint a committee of three himself 
being one of that number to convey to Washington City the constitution 
The Chairman made his arrangements immediately to obey the order Just 
before leaving the Easton difficulty occurred. Brown was butchered civil 
war seemed inevitable On the one hand the pleasure of visiting the United 
States was tempting him on the other his fellow citizens of Kansas seemed 
to demand his services — to leave them at such a crisis was not to be dreamed 
of — he remained 

Immediately after the election in January Mess Smith Emery and Con- 
way were sent as a deputation to the United States Judge Smith was ordered 
to procure the certificate of printers — he did secure the certificate of John 
Speer State printer he and every member of the deputation was ordered to 
spend a few days at Washington City they could certify to the constitution 
and they were clothed with authority to lay it before Congress. Mr. Parrott 
has verbal and written instructions to have the Constitution transcribed 
on parchment and delivered to Mess Cass and Banks to be laid before either 
branch of Congress — to guard against every contingency a certified manu- 
script copy has recently been forwarded by mail to Mess Delahay and Parrott 
care of Hon. Geo. E Pugh with a letter of instructions Every member of 
Congress is supplied with the constitution of Kansas We have in Washing- 
ton City or ordered to that City our Representative elect to the Congress 
of the United States, three members of the Executive Committee — seven 
members of the constitutional convention each one prepared to certify to 
the constitution and each authorized and eager to present it to Congress. 

Mess. Goodin Brown, Holliday and Lane, on the day of having 

been before appointed, agents to visit the United States were selected to 
repair to Washington City there to remain to aid in procuring the admission 
of Kansas as a Sovereign State In view to the expense of a Sojourn in 
Washington City five hundred dollars in scrip was voted in part pay to- 
wards their expenses except to Lane, — three hundred only was voted to him 
he having under his former appointment drawn two hundred dollars which 
was forwarded by him to Will Comback his successor in Congress to be 
cashed— the proceeds to be deposited in Bank for the use of the deputation 
where it will remain untouched until it is used for the purpose for which 
it was drawn 

It is but natural that the members of the Committee should feel some 
interest on the subject of salaries. Goodin Smith and Lane have drawn 
two hundred dollars each Holliday one hundred dollars Brown fifty dollars 
Schuyler and Parrott nothing We have determined to submit this question 
to your judgment you are acquainted with the labour we have performed 
with your decision we will be content. 



The Topeka Movement. 



75 



We cannot refrain from congratulating you and those you represent on 
the bright prospects before you the State government for Kansas is or- 
ganized you are assembled to enact laws that will secure peace and happi- 
ness to our people, there are dark clouds in our political horizon but we 
should not be discouraged we have the sympathy and promised aid of 
Strong arms and stout hearts with their assistance if we are true to our- 
selves Kansas must and will be free 

All of which is respectfully submitted 

(signed) J. H. Lane, Chairman of Executive K. T. 

On motion of Mr. Blood 

Resolved that the Chairman of the Executive Committee be requested 
to lay before the General Assembly a copy of the returns of elections for 
state officers and members of the General Assembly in accordance with a 
requirement of the constitution 

Mr. Bowen moved the following resolution 

Resolved that we proceed to elect two United States Senators 

Ruled out of order by the Chair 

On motion of Mr. Hutchinson 

Resolved that a special committee of five be appointed by nomination to 
confer with a committee of the same number appointed by the Senate for 
the purpose of making a report in joint session upon the location of the 
Capitol of the State of Kansas 

Orr moved a reconsideration of the vote the yeas and nays were demanded 
thereon and ordered and resulted Yeas 25 Nays 14, as follows: — Yeas, 
Mess Addis Barry Beyer, Curtiss Cannon Cody Dickey Frost, Jameson 
Landers Mewhinney McGhee Orr, Purdam Reese Simmerwell Shores 
Stephens Sparks Tabor Toothman Todd, Wade Williams & Speaker 25 

Nays Mess Abott Blood Brown Crosby Edsall Hutchinson Hartwell 
Hornsby Hicks McClure Saunders Tuton Walker and Zimmerman 14 

Mr. Tuton moved to amend the resolution by striking out the word 
"be appointed by nomination" and inserting "be elected by the House" 
amendment adopted 

.Mr. Addis proposed an amendment by striking out the word "five" and 
inserting "one from each Senatorial district. The amendment of Mr. Addis 
was adopted. 

On motion of Mr. Addis the resolution as amended was adopted 

On motion of Mr. Tuton the words "to report at the next session" was 
added to the resolution 

On motion of Mr. Hutchinson the house proceeded to the ballotings for 
said committee as follows 

1st District John Hutchinson 

Mr. Purdam 

J. Blood 
2d District S. Walker 

J. M. Tuton 

3d District W. R. Frost 

M. C. Dickey 
4th District S. T. Shores 

S. Mewhinney 
5th District J. Brown Jr. 

T. Arthur 



had 23 votes 




' 11 






' 3 






• 17 






' 22 






' 24 






' 16 






' 15 






' 24 






' 20 






' 17 





76 



Kansas State Historical Society. 



6th District 


Mr. Toothman 


had 9 votes 




" Tabor 


" 2 






" Addis 


" 23 




7th District 


Mr. McClure 


" 30 






Mr. Barry 


" 4 




8th District 


Mr. Wetson 


" 12 






Mr. Ferby 


" 19 




9th District 


Mr. Wade 


" 10 






Mr. Hicks 


" 24 




10th District 


Mr. Jameson 


by acclamation 


11th District 


Mr. Zimmerman 


had 20 






Mr. Crosby 


" 13 






Mr. Stephens 


" 3 




12th District 


Mr. Orr 


" 16 






Mr. Sparks 


" 15 






Mr. Beyer 


" 5 






Mr. Cody 


" 1 




No election^ 








2d Ballot 


Mr. Orr 


had 11 votes 




Mr. Sparks 


" 18 


" 




Mr. Beyer 


" 6 


" 




Mr Cody 


" 1 


" 


No election — 








3d Ballot 


Mr. Orr 


had 6 votes 




Mr. Sparks 


" 26 


" 




Mr. Beyer 


" 3 


<< 



Mess. Hutchinson Tuton Frost, Mewhinney Brown Addis McClure 
Ferby Hicks Jameson Zimmerman and Sparks having each received a 
majority of all the votes given were duly elected as the committee on the 
part of the House and the Clerk was instructed to give the proper notification 
to the senate 

Mr. Blood offered the following resolution 

Resolved That the Executive Committee be requested to deposit all the 
books and papers remaining in their office including the original manuscript 
copy of the Constitution of the State of Kansas in the office of the Secretary 
of State 

Mr. Dickey moved to lay the resolution upon the table 

The yeas and nays thereon were demanded and ordered and resulted 
Yeas 23. Nays 13. as follows: — 

Yeas Mess. Arthur Addis Brown Bowen Cannon Cody Dickey Edsall 
Hutchinson Hornsby Hicks Jameson Mewhinney McGhee Orr Purdam 
Reese Simmerwell Shores Stephens Sparks Tabor and Speaker 

Nays Mess Abbott Blood Barry Curtiss Crosby Hartwell McClure 
Landers Toothman Todd Williams and Zimmerman 

So the resolution was laid upon the table 

Mr. Hicks offered the following resolution 

Resolved by the Senate and House of Representatives of Kansas. That 
the two houses meet in joint session at 11 A. M. on Saturday the eighth inst 
in the Hall of the House of Representatives and then and there elect 2 
persons to represent the State of Kansas in the Senate of the United States 
one to serve three years from the 4th day of March 1855 and one to serve 
a years from the 4th day of March A. D. 1855 



The Topeka Movement. 77 

MESSAGE FROM THE SENATE 

Relative to Joint Rules as follows. 

Mr. Speaker, I have the honor to inform the House of Representatives 
that the Senate has adopted the following joint rules in which the con- 
currence of the House of Representatives is requested 

JOINT RULES OF THE TWO HOUSES 

1st In every came of amendment of a bill agreed to in one house and 
dissented to in the other if either House shall request a conference appoint 
a committee for that purpose and the other house shall also appoint a com- 
mittee each committee shall at a convenient hour to be named by the Chair- 
man, meet in conference and state to each other verbally or in writing as 
each shall choose the reasons of their respective houses for and against the 
amendment and confer freely thereon 

2d Messages shall be sent by the Secretary or Clerk of each house re- 
spectively 

3d When a messinger shall be sent from the Senate to the House he shall 
be announced at the door of the House, by the Sargeant at Arms and he 
shall respectfully communicate his message to the House 

Jtth The Same ceremony shall be observed when a message is sent from 
the House to the Senate 

5th All Bills on passage between the two houses shall be under the 
Signature of the Clerk or Secretary of each House respectively 

Sec. 6th Bills shall be enrolled by the Clerk of the House or the Secretary 
of the Senate as the same may have originated in the one or the other House 

7th After examination and report Bills shall be signed first by the 
Speaker of the House and then by the President of the Senate 

8th When a Bill or Resolution passed in one House and rejected in the 
other notice thereof shall be given in the House in which it passed 

9th Each House shall transmit to the other all papers upon which any 
bill or resolution shall be founded 

10th All Bills which may have passed a third time shall be engrossed 
in a fair hand and certified by the Secretary or Clerk of the House in which 
they may have originated respectively before sent to the other 

11th After each House shall have adhered to their disagreement a Bill 
or resolution shall be lost 

12th When Bills are enrolled they shall be examined by a joint com- 
mittee of two from the Senate and two from the House appointed as a 
Standing Committee for that purpose who shall carefully compare the 
enrollment with the engrossed bills as passed in the two houses and correct 
any errors that may be discovered in the enrolled bills 

All of which is most respectfully submitted 

Attest A. Allen Ch'f Clerk. 

On motion the House adjourned until tomorrow morning at 9 o'clock 

J. K. GooDiN Ch'f CVk H. Rep. 

House of Representatives 
9 o'clock a. m. March 8. 1856 
House met pursuant to adjournment 
Prayer by the Rev. Addis 

Roll called — Sergeant at Arms dispatched for absentees On motion 
of Mr. Tuton further proceedings under the call was dispensed with 

The committee on elections in case of Wm. Pennock an applicant for 
admission to the House made the following report. 

Committee to investigate the claim of William Pennock to a seat in this 
his house as representative from the 12th Senatorial district as chairman 
of said committee I beg leave to submit the following Report. 

After a thorough examination of the Poll Books and Tally List of the 
several precincts of said district we find that there were polled for Mr. 



78 Kansas State Historical Society. 

Pennock at the Wyandott precinct 35 votes at the Easton precinct 72 
votes and at the Leavenworth Precinct none whole number of votes polled 
for said claimant 107 Now that there is no evidence whatever produced by 
the poll books and tally list or otherwise that he is not entitled to his [seat] 
committee have decided said election was legal and that Mr. Pennock is 
entitled to a seat in this house Topeka. March 8, 1856 

(signed) A. A. Jameson Chairman 

On motion of Mr. Frost the report was adopted whereupon Wm. Pennock 
appeared took the oath of office and took his seat as a member of the House 

The special committee appointed to report resolutions on the decease 
of Thomas W. Barber reported progress and asked leave to sit again leave 
was granted The same committee made the following report upon the 
death of the Hon. R. P. Brown 

Whereas R. P. Brown Esq. a member of this House was inhumanely 
murdered at Easton on the 18th of January last by a body of armed men 
from Missouri and the City of Kickapoo and whereas justice to ourselves 
as well as respect to the memory of the deceased require a tribute at our 
hands 

Therefore Resolved — That in the cold-blooded murder of R. P. Brown 
by the hand of a mob, of the mercenaries and desperadoes of a neighboring 
state we have sustained an irreparable loss, — the country of the services of 
a gentleman of Intelligence Integrity, Honor PaLriotism and True Courage 
and his family of a husband and father 

Resolved That we extend to the bereaved widow our heartfelt condolence 
on account of the afflicting calamity and assure her that the whole country 
joins with her in her grief 

Resolved That while we condole with her in her afflictions we feel that 
Providence will overrule for good Mr. Brown has joined the host of martyrs 
whose blood has watered the tree of Liberty his name with those of Dow 
and Barber will survive and adorn the brightest page in the future history 
of Kansas while those who were the instruments of this outrage like the 
perpetrators of other base crimes will be remembered only as monsters in 
the dark catalogue of human depravity 

Resolved That we recommend to the lovers of freedom and justice to 
erect a monument to the memory of the deceased with suitable inscriptions 
and the state make liberal contributions in aid of such enterprise 

Resolved That we wear the usual badge of mourning for thirty days in 
commemoration of the heroic conduct of our deceased friend and colabourer 
in the cause of Freedom 

Resolved That certified copies of these resolutions be furnished the 

several papers in the State of Kansas and that • be requested to copy 

the same and that copies be forwarded to the widow of the deceased 

On motion of Mr. Orr the report was adopted 

The committee on ways and means reported House Bill no. 1. Authorizing 
the State Auditor to audit all demands against the State 

Mr. Dickey moved the following amendment to the bill That the Gov- 
ernor is hereby allowed to employ a messenger for his office and he shall be 
allowed all expenses for postage stationery fuel books &c belonging to his 
department 

On motion of Mr. Hartwell all after the word messenger was stricken out 

Mr. Blood proposed to amend by inserting after the words "and State 
officers" and adding "all other demands against the State" amendment 
adopted 

Mr. Blood proposed an additional section to the bill, as follows 

Sec. 2, This act to take effect from and after its passage — amendment 
adopted 



The Topeka Movement. 79 

On motion of Mr. Tuton the rules were suspended and the bill passed to 
its second reading After the reading of the bill on motion of Mr. Hartwell 
the bill was ordered to be engrossed A letter was received from the assistant 
enrolling clerk declining his office 

The resignation was received and on motion of Mr. Hutchinson the House 
proceeded to fill the vacancy occasioned by the resignation of F. W. Giles 
The following was the result of the ballotings 

Geo. S. Ramsey had 10 votes 
C. S. Pratt had 26 " 

Caleb S. Pratt having received a majority of all the votes given was declared 
duly elected. Mr. Williams offered the following resolution 

Resolved that the committee appointed to prepare a memorial to be 
sent to the Congress of the United States asking for the admission of Kansas 
into the Union as a Sovereign State be authorized to forward said memorial 
as soon as possible to be presented to that body Provided that the General 
Assembly shall adjourn previous to the completion of said memorial by 
the Committee 

On motion of Mr. Zimmerman the resolution was laid upon the table 

On motion of Mr. Hartwell the joint rules of the Senate and House of 
representatives was read a second time and ordered to a third reading upon 
Monday next 

Mr. Blood moved an adjournment motion lost Mr. Toothman asked 
leave of absence — granted. The resolution of Mr. Hicks being next in order 
Mr. Hornsby moved to lay the resolution on the table 

Mr. Edsall offered the following resolution Resolved. That the Senate 
concurring The House will at 4 o'clock this afternoon proceed to the election 
of two persons to represent Kansas in the Senate of the United States Mr. 
Addis moved to amend by striking oiit "4" and inserting "2" Mr. Blood 
moved to amend by striking out after the word House "will at 4 o'clock this 
afternoon" and inserting "will on the fourth day of July next" lost 

On motion of Mr. Blood House suspended further action on the resolu- 
tion until a message from the Senate be read, motion carried 

Message from the Senate 

Mr. Speaker I have the honor to present the following extract from the 
journal of the Senate 

Resolved. The House concurring the Senate will go into joint committee 
at four o'clock this day for the election of two persons as United States 
Senators 

Attest A. Allen Clerk. 

Mr. Saunders moved an adjournment motion lost Mr. Blood moved 
that the further consideration of the resolution be postponed until 25th June 
next lost Mr. Blood then made a motion to defer action upon the resolution 
until after action upon Senate Bill No. 4, upon which the yeas and nays were 
called 

Yeas. Mess. Abbott Blood Beyer Brown Barry Curtiss Cannon Crosby 
Cody Dickey Frost Hartwell Hutchinson Hornsby Jameson Mewhinney 
McClure Purdam Pennock Reese Saunders Stephens Sparks Tabor Todd 
Williams 26 

Nays. Mess Arthur Addis Bowen Edsall Hicks Landers McGhee Shores 



80 Kansas State Historical Society. 

Toothman Tuton Zimmerman & Speaker 12. The motion prevailed On 
motion of Mr. Blood Senate Bill No. 4 was taken up and on motion of the 
same gentleman the rules were suspended. 

Yeas and nays being ordered. 

Yeas Arthur Addis Abbott Blood Beyer Brown Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Hornsby Hicks 
Jameson Landers Mewhinney McClure McGhee Pennock Purdam Reese 
Saunders Simmerwell Shores Stephens Sparks Tuton Tabor. Toothman Todd 
Williams Zimmerman 38 

Nays none 

So the Bill passed to a second reading On motion of Mr. Blood the fol- 
lowing amendment was adopted 

Prefix Whereas a vacancy has occurred in the Senate and subjoin 
This act shall be in force from and after its date 

On motion of Mr. Brown the roll was called and 38 members responded, 
to their names 

The Yeas and Nays were then ordered on the adoption of the first section 
of Senate Bill No 4. and resulted as follows 

Yeas Mess Arthur Addis Abbott Blood Beyer Brown Bowen Barry Cur- 
tiss Cannon Crosby Cody Dickey Edsall Frost. Hartwell Hutchinson Hornsby 
Hicks Jameson Landers Mewhinney McClure McGhee Pennock Purdam 
Reese Saunders Simmerwell Shores Stephens Sparks Tuton Tabor Toothman 
Todd Williams Zimmerman and Speaker 38 

Nays none 

Yeas and nays being ordered on the adoption of the second section of 
Senate Bill No. 4. resulted as follows 

Yeas. Mess Arthur Addis Abbott Blood Beyer Brown jr. Bowen Barry 
Curtiss Cannon Crosby Cody Dickey Edsall Frost Hartwell Hornsby Hutch- 
inson Hicks Jameson Landers Mewhinney McClure McGhee Pennock Pur- 
dam Reese Saunders Simmerwell Shores Sparks Tabor Tuton Toothman 
Todd Williams Zimmerman 37 

Yeas and Nays being ordered on the final passage of Bill No. 4. resulted 
as follows. 

Yeas Mess. Arthur Addis Abbott Blood Beyer Brown Jr. Bowen Barry 
Curtiss Cannon Crosby Dickey Edsall Frost. Hartwell Hutchinson Hornsby 
Hicks Jameson Landers Mewhinney McClure McGhee Pennock Purdam 
Reese Saunders Simmerwell Shores Sparks Tuton Tabor Toothman Todd 
Williams Zimmerman 37 

On motion of Mr. Blood the bill as amended was returned to the Senate 
for concurrence 

On motion of Mr. Crosby adjourned to 2 o'clock P. M. 

Afternoon Session 

Met pursuant to adjournment Roll called — a quorum being present 
Caleb S. Pratt Assistant Transcribing Clerk pro tern elect came forward 
took the oath of office and entered upon the discharge of his duties Mr. 
Cody moved that the resolution for the election of United States Senators 
be taken up motion carried 

Mr. Bloods amendment to postpone the election of United States Senators. 



The Topeka Movement. 81 

until the 4th of July next Yeas and Nays being ordered was voted upon 
and resulted Yeas 16 Nays 25: as follows: — 

Yeas Mess. Abbott Blood Beyer. Brown Barry Crosby Hartwell Hornsby 
Jameson McClure Purdam Saunders Tabor Toothman Todd and Williams. 

Nays Arthur Addis Bowen Curtiss Cannon Cody Dickey Edsall Frost 
Hutchinson Hicks Jones Mewhinney McGhee Orr Pennock Reese Simmer- 
well Shores Stephens Sparks Tuton Walker Zimmerman & Speaker 25 

So the amendment was lost 

Mr. Blood then offered the following amendment to strike out the words 
4 o'clock and insert the 10th of June next. 

The Speaker decided the amendment to be out of order 

Mr. Blood took an appeal from the decision of the Chair Mr. Orr moved 
that all who wished should be excused from voting motion lost 

Yeas and Nays on the appeal being ordered, resulted Yeas 21 Nays, 17. 

Yeas Arthur Addis Bowen Curtiss Cannon Cody Dickey Edsall, Frost 
Hicks Landers Mewhinney McGee Orr, Purdam Reese Simmerwell Shores 
Stephens Sparks Tuton 21. 

Nays. Mess. Abbott Brown Barry Blood Crosby Hartwell Hutchinson 
Hornsby Jameson McClure Saunders Tabor Toothman Todd Williams 
Walker Zimmerman 17 

Mr. Dickey called for the previous question which was then taken Yeas 
and Nays being ordered resulted Yeas 25, Nays 16. 

Yeas Mess. Arthur Addis Bowen Beyer Curtiss Cannon Cody Dickey 
Edsall Frost Hicks Landers Mewhinney McGhee Orr, Pennock Reese Sim- 
merwell Shores Stephens Sparks Tuton Walker Zimmerman Speaker 

Nays. Abbott Blood Brown Jr. Barry Crosby Hartwell Hutchinson 
Hornsby Jameson McClure Purdam Saunders Tabor Toothman Todd Wil- 
liams 16 

So the previous question was carried The question then was on the 
adoption of the resolution as amended 

Yeas and Nays being ordered resulted Yeas 25 Nays 16. 

Message from the Senate 

Mr. Speaker I have the honor to inform you that the Senate have con- 
curred in the amendments of the House to Bill No. 4. from the Senate 

Attest A. Allen Clerk, 

Yeas, on the adoption of the resolution as amended. Mess Arthur Addis 
Beyer Bowen Curtiss Cannon Cody Dickey Edsall Frost Hicks Landers 
Mewhinney McGhee Orr Pennock Reese Simmerwell, Shore Stephens Sparks 
Tuton Walker Zimmerman Speaker 

Nays, Abbott Blood Brown Jr Barry Crosby Hartwell Hutchinson Horns- 
by Jameson McClure Purdam Saunders Tabor Toothman Todd, Williams 

A recess was taken on motion on Mr. Tuton until 4 o'clock. 

4 o'clock p. m. 

The two houses met in joint session the President of the Senate presiding 
and proceeded to elect, 2 persons to represent the State of Kansas in the U. S. 
Senate one for the term of three years from March 4th 1855, the other for 
the term of six years commencing at the same time 

On the first vote the result was as follows for A. H. Reeder Mess. Adams 

—6 



82 Kansas State Historical Society. 

Allen Cole Dunn Fish Green Harding Hillyer Irvin Addis Abbott Blood 
Beyer Brown Jr. Bowen Barry Curtiss Crosby Cody Edsall Hartwell Hutchin- 
son Hornsby Hicks Jameson McClure Orr, Purdam Saunders Simmerwell 
Sparks Tabor Toothman Todd Williams Walker Zimmerman Minard 38. 

For James H. Lane, Mess Curtiss Dailey Miller Thornton Arthur Cannon 
Dickey Frost Landers Mewhinney McGee Pennock, Reese Shores Stephens 
15 For W. Y. Roberts, Mess Fuller McKenzie and Tuton 3. 

Hon. A. H. Reeder having received a majority of the votes cast was de- 
clared duly elected on motion A. H. Reeder was declared duly elected On 
motion A. H. Reeder was declared unanamously elected 

On the second ballot, the result was as follows, for James H. Lane, Mess 
Adams Cole Curtiss Dailey Dunn Fuller Green Hillyer McKenzie Miller 
Thornton Arthur Addison Beyer, Brown Jr Bowen Curtiss Cannon Cody 
Dickey Edsall Frost Hutchinson Hicks Landers Mewhinney McGhee Orr 
Pennock Purdam Reese Simmerwell Shore Stephens Sparks Tuton Williams 
Walker Zimmerman Minard 40. 

For P. C. Schuyler Mess Allen Fish Abbott Blood Hartwell Saunders 
Tabor Toothman Todd 9 

For J. K. Goodin Mess. Harding Irvin and Hornsby 3. 

For R. Klotz Mess Barry and McClure 2. 

For M. J. Parrott Mess Crosby and Jameson 2. 

Hon. James H. Lane having received a majority of all the votes cast 
was declared duly elected 

On motion James H. Lane was declared unanimously elected 

The President announced that the convention had accomplished the object 
for which they came together — declared it adjourned sine-die 

HOUSE CAME TO ORDER. 

On motion of Mr. Frost the following committee was appointed to ex- 
amine the report of the executive Committee and to report to the House — 
Mess Frost Blood and Tuton 

On motion the House then adjourned 

J. K. Goodin Ch'f Cl'k H. Rep. 

House of Representatives 

Monday, March 10, 1856 

Met pursuant to adjournment. Prayer by the Rev. Mr. Tuton. Roll 
called — Sargeant at Arms sent for absentees 

A quorum being present, the journal of Saturday was read amended and 
approved 

Mr. Joseph Higgins of 5th district came forward took the oath of office 
and entered upon the discharge of his duties as a member of this House 

Mr. Blood Chairman of Committee on Banks and Corporations reported 
House Bill No. 2. 

On motion of Mr. Orr the report was accepted On motion of Mr. Edsaul 
the report was laid upon the table 

On motion of Mr. Hutchinson that part of the Governor's message re- 
ferring to the militia was referred to the committee on militia 

Mr. Mewhinney offered the following resolution 

Resolved That a committee of three be appointed to investigate the claims 
of members to their seats in this House — adopted 



The Topeka Movement. 83 

On motion of Stephens the committee were empowered to send for persons 
and papers 

Mess. Mewhinney Edsaul and Crosby were appointed said committee 
Mr. Pennock offered the following resolution 

Resolved That the Chair appoint a committee of nine to act in concord 
with three from the Senate to codify the laws — adopted 

The following message from the Senate was received 

Mr. Speaker I have the honor, to inform you that the following 
resolution has passed the Senate and would ask the concurrence of the 
House therein 

Resolved That a committee of 5 be appointed to act in conjunction with 
a Similar committee from the House of Representatives for the State of 
Kansas 

Mess. Allen Adams Curtis Thornton and Hillyer — committee 

attest A. Allen Ch. Clerk. 

On motion of Mr. Hutchinson the motion was amended so as to read "3 
from the Senate and nine from the House" 

On motion of Mr. Brown the rules were suspended. Yeas and Nays 
being ordered resulted Yeas 38 Nays none — as follows 

Yeas, Mess. Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Cody Dickey Edsaul Frost Hartwell Hutchinson Hicks 
Jameson Landers Mewhinney McClure McGee Orr Pennock Purdam Reeses 
Saunders Shores Stephens Sparks Tuton Tabor Todd Williams Zimmerman 
Speaker 

So the resolution passed to its second reading. 

On motion of Mr. Hartwell after the word "three" insert "from the 
Senate" the motion was carried. 

On motion of Mr. Brown the rules were suspended, and the resolution 
passed to its third reading Yeas and Nays being ordered resulted. 

Yeas 38 Nays none — as follows. 

Yeas Arthur Abbott Blood Beyer Bowen Brown Barry Curtiss Cannon 
Crosby Cody Dickey Edsall. Frost Hartwell Hutchinson Hornsby Higgins 
Hicks Jameson Landers Mewhinney McClure McGhee Orr Pennock Purdam 
Reese Saunders Shores Stephens Sparks Tuton Tabor. Todd Toothman 
Williams Zimmerman Speaker 38 

Nays none 

Vote on the final passage yeas and nays being ordered resulted Yeas 38, 
Nays none as follows. Yeas Mess Arthur Abbott Blood Beyer Brown Bowen 
Barry Curtiss Cannon Crosby Cody Dickey Edsaul Frost Hartwell Hutch- 
inson. Hornsby. Higgins Hicks Jameson Landers Mewhinney McClure 
McGee Orr, Pennock, Purdam Reese Saunders Shores Stephens Sparks 
Tuton Tabor. Toothman Todd Williams Walker Zimmerman Speaker 
Yeas 38 

Nays none 

On motion of Mr. Edsaul the resolution as amended, was returned to 
the Senate asking their concurrence 

On Motion of Mr. Hutchinson a committee of three was appointed to 
assign the several parts of the Governors message to the respective com- 
mittee The Chair appointed Mess. Hutchinson Tuton & Dickey said com- 
mittee 



84 



Kansas State Historical Society. J 



Mr. Abbott offered the following resolution 

Resolved That the assistant doorkeeper and Sergeant at Arms be required 
to put into suitable wrappers for mailing all newspapers furnished this 
House and. deliver to each member his due proportion 

On motion of Mr. Tabor, it was amended by inserting "and all other 
matter ordered to be printed for the use of the house" 
The resolution as amended was adopted 
Mr. Frost offered the following resolution 

Resolved That a committee of five be appointed to report the Salaries 
of the Speaker Clerks Sargeant at Arms Doorkeeper and messengers 

On motion of Mr. Edsaul the Bill was amended, by inserting "to report 
a bill to establish the Salaries" Resolution as amended was adopted 
The Speaker appointed Mess. Frost Blood Pennock Dickey and Tuton 
Mr. Tuton offered the following resolution 

Resolved that there be a committee of three appointed to report suit- 
able resolutions in reference to the death of the lamented G. W. Dow who 
was murdered in Cold Blood near Hickory Point in this territory, resolution 
adopted 

Mess. Tuton Saunders and Hartwell were appointed as said committee 
Mr. Hutchinson offered the following resolution. 

Resolved That the Clerk be authorized to procure the necessary blank 
books for the use of the clerks of this House adopted 

A Message from the Senate 

Mr. Speaker I have the Honor to inform you that the following 
resolution has passed the Senate and they do respectfully ask a concurrence 
of the house therein 

Resolved That the House of Representatives concurring the General 
Assembly will at 4 o'clock on Wednesday the 12th inst take a recess until 
the 4th day of July next at 12 o'clock 

Attest A. Allen -Sec. of Senate 

On motion of Mr. Hutchinson the House resolved itself into committee 
of the whole the consider the message. 

Mr. Hartwell in the Chair 

The committee after considering the subject referred to them made 
the following report. 

Mr. Speaker the Chairman of Committee of the whole report back 
the resolution with one amendment, as follows 

Resolved That when the General Assembly take a recess they take it 
to meet again on the 4th of July 1856 at 12 o'clock. M. 

The following message was received from the Senate 

Mr. Speaker I have the honor, to inform you that the following reso- 
lution has passed the Senate and they do respectfully ask a concurrence 
of the House therewith 

Resolved The House concurring that the two Houses meet in the House 
of Representatives on Tuesday the 11th inst at 2 o'clock P. M. in joint 
convention for the purpose of electing 3 commissioners to codify the practice 
and simplify the pleading 

Attest A. Allen Chief Clerk. 

On motion of Mr. Tuton the House concurred On motion of the same 
gentleman the House adjourned until Tuesday 9 o'clock, A. M. 

J. K. GOODIN Ch'f CVk H. Rep. 



The Topeka Movement. 85 

House of Representatives 
Tuesday March 11/56 

House came to order pursuant to adjournment. Roll called a quorum 
answered to their names 

On motion of Mr. prayer was dispensed with 

Mr Marshall of the 6th and Mr. Jones of the 11th Senatorial district 
appeared took the oath of office and entered upon the discharge of their 
duties as members of this house 

Journal of yesterday read amended and approved 

Mr. Dickey chairman of committee on ways and means presented a 
report which was accepted 

Mr. Saunders chairman of the committee on "the militia" presented a 
report which was accepted 

Mr. Brown presented the following memorial from 56 Ladies of Topeka 
as follows. 

The the Honourable the Senate and the House of Representatives of the State 

of Kansas. . . „ j ..v • 

The undersigned your memorialists citizens of Kansas and the wives 
and daughters of your constituents beg leave respectfully to present to 
your Honourable body that in the opinion of your memorialists the public 
interests require that suitable laws be immediately passed to prevent the 
manufacture and importation for sale or use as a beverage within the State 
of Kansas of any distilled or malt liquors , 

It is not necessary for us in view of your own observations and the united 
testimony of all experience to enter into a minute discussion of the evils 
resulting to all classes of society from the use of intoxicating drinks as a 
beverage Ever since its first manufacture it has been the aim of legislators 
to pass restraining laws, to prevent its use and each year in the older states 
of the union new enactments have been found necessary until the Statute 
books have become literally loaded down with provisions on this subject 

It was not until within a few years that the true method was devised for 
its eradication and then those imaginary rights long established and en- 
trenched behind the bulwark of law, and even of State constitutions were 
found in the way of an effectual remedy Not so in Kansas here every thing 
is new, and those privileges acquired by law and long established customs 
do not exist No one can point to the precedent of several general generations 
to sustain him in doing that which he frankly admits to be a wrong upon 
Society Here in Kansas we are laying the foundation of a new society and 
you as the first law making power recognized by the people should examine 
with the greatest circumspection the evils existing in older States and by 
wise and judicious enactments protect the moral and social interests of the 
community. You will not [attempt] to pass by or neglect the enacting of 
stringent laws for the sale of lottery tickets the selling of unwholsome food 
the adulterating of flour &c. . , . , . • u 

How then can you fail to give attention to a subject which impoverishes 
a whole nation brings wretchedness and misery in its train, fills the land 
with mourning and sends the widow's wail and orphans sob to heaven for 
relief 

Into the plastic material which you have the power to mould into form, 
and clothe with lineaments and breath and in view of the great suffering 
entailed on us the females of the State who are unable by persuasion and 
kindness to influence those we love in the channel which leads to tem- 
perance prosperity and happiness and in view of their oft repeated declara- 
tions that if the destroyer could be removed from their sight and reach 
they would abstain from its use we therefore urgently but respectfully 
pray you to take our memorial into consideration and enact such laws in 
consonance with its spirit which your wisdom may suggest 

Signed Mrs. L. M. Moore and 55 others 

The ladies of Topeka 



86 Kansas State Historical Society. 

On motion of Mr. Tuton the memorial was accepted and on motion of 
Mr Crosby it was referred to the committee on "vice and immorality" 
The following message was received from the Senate 

Mr. Speaker I have the honor to present the following resolution 
which passed the Senate and they do respectfully ask the House to concur 
therein 

Resolved That the House concurring Mr. A. D. Searl be employed to 
obtain from the office of the Surveyor General of Kansas and Nebraska as 
complete a map and description of the Surveyed Lands of Kansas as can 
be conveniently and speedily had for the use of the committee on Counties 

Attest A. Allen Sec. of Senate 

The message on motion of Mr. Hornsby was accepted. 
Mr. McClure offered the following resolution 

Resolved That a committee be appointed to be called "A Committee 
to compare Bills" the same to be one of the Standing committees of the 
House, resolution adopted. 

The Speaker appointed Mess. McClure, Marshall and Curtis said com- 
mittee 

Mr. Hartwell offered the following resolution. 

Resolved That the action upon the concurrent resolution for the ap- 
pointment of a codifying committee be now reconsidered. Adopted 

Mr. Hutchinson then offered the following resolution. 

Be it resolved by the General Assembly of the State of Kansas that a com- 
mittee of five be appointed from the Senate to act in conjunction with a 
committee to be appointed from the House whose duty it shall be to prepare 
laws and report the same to the Senate & House 

Mr. Hutchinson afterwards [amended] his resolution making it read as 
follows. 

Be it resolved by the General Assembly of the State of Kansas that a com- 
mittee of five be appointed from the Senate and fifteen from the House 
whose duty it shall be to prepare a code of laws and report the same to the 
Senate and House 

On motion of the same gentleman it was laid upon the table 

House Bill No. 1. was then passed. 

Yeas 38 nays none as follows: 

Yeas Mess Arthur Blood Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsaul Frost. Hartwell Hutchinson Hornsby Hig- 
gins Hicks Jameson Jones Landers Mewhinney Marshall McClure McGee 
Pennock, Purdam Reese Saunders Shores Sparks Tuton Tabor Toothman 
Todd Williams Walker Zimmerman 38. 

Nays none 

On motion of Mr. Hutchinson the bill was sent to the Senate for their 
concurrence 

On motion of the same gentleman House bill No 2 passed to a second 
reading the rules being suspended 

On motion of Mr. Tuton the House went into a committee of the whole 
for the consideration of House Bill No. 2. 

The Chairman of Committee of the whole reported the bill back to the 
House with sundry amendments 

On motion of Mr. Hutchinson the rules were suspended. Yeas 41, Nays 
none 



The Topeka Movement. 87 

Yeas Mess. Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Cody Dickey Edsaul Frost Hartwell Hutchinson Hornsby 
Higgins Hicks Jameson Jones Landers Mewhinney McClure McGee Orr. 
Pennock Purdam Reese Saunders Shores Stephens Sparks Tuton Tabor 
Toothman Todd Williams Walker Zimmerman 41 

Nays none 

House Bill No. 2 was passed 

Yeas 40 nays none. 

Yeas Mess. Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Cody. Dickey Edsaul Frost Hartwell Hutchinson Hornsby 
Higgins Hicks Jameson Jones Landers Mewhinney Marshall McClure 
McGee Orr. Pennock Purdam Reese Saunders Shores Stephens Sparks 
Tuton Tabor Toothman Williams Walker Zimmerman 40 

Nays none 

On motion the Clerk was directed to report the passage of House Bill 
No. 2, asking the concurrence of the Senate 

Message from the Senate 

Mr. Speaker I have the honor to present the following extracts from 
the journal of the Senate The minority of the committee on the part of 
the Senate to nominate suitable persons to act as commissioners to revise 
reform simplify and abridge the rules of practice pleadings forms and pro- 
ceedings of the Courts of records of this State Report the following names 
J. K. Goodin Josiah Miller 

Geo. W. Smith M. J. Parrott 

C. L. Crane G. B. Round 

which report was adopted 

On motion of Mr. Hutchinson the message was laid upon the table 

On motion of the same gentleman House Bill No. was read by its 

title 

On motion of Mr. Curtiss the bill was recommitted 
Mr Edsaul offered the following resolution 

Resolved that Mrs Chapman be admitted to a seat within the bar of this 
House as reporter for the Kansas Intelligencer her husbands paper, published 
at Kansasopolis, Ks. 

Yeas and nays being ordered resulted Yeas 37 Nays 4 as follows 

Yeas Mess. Arthur Abbott Blood Brown Jr. Bowen Barry Curtiss 
Crosby Cody Dickey Edsall Frost Hartwell Hornsby Higgins Hicks Jame- 
son Jones Landers Marshall McClure McGhee Orr. Pennock Purdam 
Saunders Stephens Sparks Tuton Tabor Toothman Todd Williams Walker 
Zimmerman Speaker 37 

Nays Cannon Hutchinson Mewhinney Reese 4 

So the resolution was carried 

The committee appointed to report names for commissioners to revise 
the practice &c. reported as follows 

M. J. Parrott E. M. Thurston 

Edward Clark C. L. Crane 

G. W. Smith C. A. Foster 

Mess Hutchinson Brown and Zimmerman House Committee Mess Allen 
and Adams Senate Com'e 

On motion of Mr. Walker the report was received. Yeas and nays being 
ordered resulted Yeas 26 nays 12. 



88 Kansas State Historical Society. 

Yeas, Mess. Arthur Abbott Blood Beyer Brown Jr. Bowen Barry Curtils 
Cannon Crosby Hartwell Hornsby Higgins Landers Mewhinney Marshals 
McClure Orr Reese Saunders Tuton. Tabor Toothman Todd Williams 
Walker 26 

Nays, Cody Dickey Edsaul Frost Hicks Jameson Jones McGhee 
Pennock Purdam Stephens Sparks 12 

Mr. Frost then moved that the report be indefinitely postponed Yeas 
and Nays being ordered, resulted Yeas 17, nays 22, as follows. 

Yeas, Mess Arthur Cannon Cody Dickey Edsall Frost Hicks Landers 
Marshall McGhee Orr Pennock Purdam Shores Stephens Sparks Tuton 17 

Nays Mess Abbott Blood Beyer Brown Jr. Bowen Barry Curtiss Crosby 
Hartwell Hutchinson Hornsby Higgins Jameson Mewhinney McClure 
Reese Saunders Tabor Toothman Todd Williams Walker, 22. 

Mr. Frost moved that the names be stricken out and the following names 
inserted 

J. K. Goodin G. W. Smith 

Josiah Miller E. M. Thurston 

M. J. Parrott C. L. Crane 

Mr. Tuton moved an amendment to strike out the name of E. M. Thurs- 
ton and insert that of Edward Clark. 

Motion to amend was withdrawn 

Mr. Brown moved to amend by striking out the name of C. L. Crane and 
insert C. A. Foster 

Motion lost 

Mr. Edsall called for the previous question 

Yeas and nays being ordered resulted Yeas 24 nays 17 

Yeas Mess Arthur Beyer Brown Cannon Crosby Cody Dickey Edsall 
Frost Hicks Jameson Jones Landers Marshall McGhee Pennock Purdam 
Reese Shore Stephens Sparks Tuton Walker Zimmerman 24 

Nays Mess Abbott Blood Brown Jr. Barry Curtiss Hartwell Hutch- 
inson Hornsby Higgins Mewhinney McClure Orr. Saunders Tabor Tooth- 
man Todd Williams 17. 

Mr Hartwell presented the following memorial from ladies of Topeka, 
as follows 

To the Speaker members and officers of the House of Representatives 

Gentlemen You are most respectfully requested to attend a social 

party to be given by the Ladies of Topeka this evening at Constitution 

Hall 

March 11th 1856 Respectfully 

The Ladies of Topeka 
On motion the House adjourned until 2 o'clock P. M. 

2 O'clock P. M. 
Roll called and a quorum answered to their names 

A message from the Governor, was received from the hands of his Private 
Secretary Edward Clark and read. 

To the Senate and House of Representatives 

Gentleman In accordance with the provisions of the Constitution I 
have this day appointed G. A. Cutler Auditor of State to fill the vacancy 
occasioned by the resignation of James M. Winchell late Auditor 

signed C. Robinson Governor &c. 
Topeka March 11/56 



had 23 votes 


" 19 


<< 


" 8 


" 


" 1 


" 


" 7 


" 



The Topeka Movement. 89 

The hour having arrived the Senate and House of Representatives met 
in joint convention for the election of three commissioners to codify the 
practice and simplify the pleadings 

The Convention on motion of Mr. Hutchinson agreed to elect one com- 
missioner at each balloting 

The first ballot resulted as follows 

J. K. Goodin had 42 votes 

M. J. Parrott " 11 " 

G. W. Smith " 2 " 

E. Clark " " " 

Whole number of votes given 57 
Necessary to a choice 29 

J. K. Goodin having received a majority of all the votes given was declared 
duly elected 

Another balloting was then had for the elction of Commissioner with the 
following result 

Josiah Miller 

M. J. Parrott 

G. W. Smith 

E. M. Thurston 

E. Clark 

Whole number of votes given 58 
Necessary to a choice 30 

No person having received a majority of all the votes given it was declared 
there had been no election 

Another Balloting was had as follows 

Josiah Miller had 29 votes 

M. J. Parrott " 18 " 

G. W. Smith " 2 " 

E. Clark " 10 " 

Whole number of votes thrown 59 
Necessary to a choice 30 

No persons having received a majority of all the votes given it was declared 
there had been no election 

A Third balloting was had resulting as follows. 

Josiah Miller had 28 votes 

M. J. Parrott " 22 " 

E. Clark " 8 " 

Whole number votes 58 

Necessary to a choice 30 

No person having received a majority of all the votes given it was declared 
there had been no election 

A Fourth Balloting was had with the following result 

Josiah Miller had 31 votes 

M. J. Parrott " 22 " 

E. Clark " 6 " 

Whole number of votes 59 

Necessary to a choice 30 

Josiah Miller having received a majority of all the votes given was declared 
elected as one of the Commissioners 



90 Kansas State Historical Society. 

A Balloting was then had for election of a third commissioner, which 
resulted as follows. 

M. J. Parrott had 21 votes 

E. Clark " 10 " 

G. W. Smith " 28 " 

Whole number of votes 59 

Necessary to a choice 30 

No person having received a majority of all the votes given it was declared 
there had been no election Another balloting was had with the following 
result 

M. J. Parrott had 17 votes 

E. Clark " 11 " 

G. W. Smith " 31 " 

Whole number of votes given 59 
Necessary to a choice 30 

George W. Smith having received a majority of all the votes given was 
declared duly elected as Commissioner. The business for which the Con- 
vention had convened having been finished the President declared it ad- 
journed sine-die 

House came to order 

Mr. Hartwell offered the following resolution 

Resolved by the General Assembly of Kansas that the journal of the 
Constitutional Convention which met at Topeka on the 23d day of October 
A. D. 1855, together with the calls and proclamations of the people and the 
Chairman of the Executive Committee touching the State organization 
ought to be published and that 1.000 copies are hereby ordered to be printed 
in pamphlet form for the use of the General Assembly and the State Officers 

On motion it was laid over for second reading on tomorrow 
Mr. Hutchinson offered the following resolution 

Resolved that the use of this Hall be granted to the ladies of Topeka this 
afternoon and evening resolution adopted 

On motion of Mr. Blood House Bill No. 3, was read by its title and 
ordered to be printed. 

Mr. Williams offered the following resolution 

Resolved That the Secretary of State be authorized to solicit publications 
copies of digests codes reports of Supreme courts &c &c from authorities 
of other States of the Union to form the nucleus of a library for the use of 
the General Assembly of the State of Kansas 

Resolved That he be authorized to take possession of all books which 
may have been donated heretofore for that purpose Adopted 

Mr. Brown offered the following resolution 

Resolved that we reconsider the vote on resolution adopted yesterday 
fixing the time of meeting of this House after recess, to the 4th day of July 
next during the pending of which on motion of Mr. Dickey 

The House Adjourned 

J. K. GooDiN Ch'f Clk H. Rep. 



The Topeka Movement. 91 

House of Representatives 

Wednesday March 12, 1856 
House met pursuant to adjournment 
The Chaplain being absent prayer was dispensed with 
Roll called and a quorum answered to their names Minutes read amend- 
ed and approved 

Mr. Hutchinson Chairman of the Select committee to assign the Gover- 
nor's message reported as follows 

" Your Committee to whom was referred the assigning of the mes- 
age of the Governor beg leave to report as follows 

Resolved That so much of the Governors message as relates to registra- 
tion of electors returns of election and election of officers be referred to 
the committee on elections 

So much as relates to the publication of laws to the committee on Printing 

So much as relates to taking the census, Surveyor General State Geo- 
logist number of Senators and Representatives and apportionment to the 
Committee on Ways and Means 

So much as relates to Salaries of Officers to the Committee on Accounts 

So much as relates to a Superintendent of Common Schools, School 
fund — University Normals and Education to be referred to the committee 
on Education 

So much as relates to the duties of Clerk and Reporter of Supreme Court, 
Publication of decisions of Supreme Court, Special Legislation enforcement 
of the 6th section of the Bill of Rights Judicial Districts and jurisdiction 
of Courts and securing the separate property and custody of children to 
the wife, to the Committee on Judiciary 

So much as relates to State Asylums for blind &c. Houses for Juvenile 
offenders and State General Hospital &c to the Committee on Public In- 
stitutions 

So much as relates to Banks and Banking to Committee on Corporations 
and Banking 

So much as relates to finance and taxation to the Committee on Finance 
and taxation 

So much as relates to Counties, County Town and City Officers to the 
Committee on Counties and County Lines 

So much as relates to the sale and Use of Intoxicating Drinks to the 
committee on vice and Immorality 

So much as relates to Bureau of Statistics and encouragement of Agri- 
culture to the Committee on Agriculture 

So much as relates to State Lands to the Committee on State Lands 

So much as relates to apportionment to the Committee on apportion- 
ment 

On motion of Mr. McClure the report was accepted and on motion of 
Mr. Hartwell was adopted 

Mr. Edsall made the following motion which was carried 

"That there be added to the Committee on New Counties and County 
Lines a sufficient number of members so that each each Senatorial District 
may be represeated and that the additional members be selected from the 
districts not now represented in Said Committee 

The resolution offered yesterday by Mr. Brown relative to the taking 
of a recess until the 4th day of July next being in order was taken up 

Mr. McClure moved to strike out "4th day of July" and insert "1st 
day of September" 

Mr. Orr, moved further to amend by adding after the word "September" 
the words "at 12 o'clock M." 

On motion of Mr. Blood further consideration of the resolution^was post- 
poned until Saturday next 



92 Kansas State Historical Society. 

On motion of Mr. Hornsby 

Resolved That C. E. Lenhart be admitted to a seat within the bar as 
reporter for the Kansas State Journal 

Joint resolution relative to publication of records of the Executive Com- 
mittee was in usual order read a second time and amended on motion of Mr 
Hartwell by striking out the words "ought to" House then adjourned 
until 2 o'clock P. M. 

2 O'CLOCK P. M. 
House met pursuant to adjournment 
Roll called and a quorum answered to their names 
Message from the Senate 
Mr. Speaker I have the honor to present the following abstract from 
the Senate Journal asking the concurrence of your body therein 

Resolved The House concurring that the Senate will go into joint session 
this afternoon for the purpose of administering the oath of office to the 
Auditor of State 

A. Allen Sec. Senate 

On motion of Mr. Tuton the House concurred in the resolution 

The hour having arrived the Senate appeared and the oath of office was 
by the President of the Senate administered to George A. Cutler Auditor 
of State 

The business for which the joint session had met being finished the con- 
vention was on motion of Mr. Allen adjourned sine die 

On motion of Mr. Hartwell Resolved That the rules be suspended in 
order that the joint resolution relative to the publication of the Journal of 
the Constitutional Convention and other documents may pass to a third 
reading 

Yeas and Nays were taken and resulted Yeas 39 Nays 1, as follows 

Yeas Mess. Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Cody Edsall, Frost Hartwell Hutchinson Hornsby Higgins 
Jameson Jones Landers Marshall McClure Murphy McGhee Orr Pennock 
Purdam Saunders Simmerwell Shores Stephens Sparks Tuton Tabor Tooth- 
man Todd Williams Walker and Zimmerman 39 

Nays, Mr Reese 1. 

On the adoption of the resolution the Yeas and Nays were ordered and 
resulted Yeas 43 Nays none 

Yeas Mess. Arthur Abbott, Blood, Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Edsall Frost Ferby Hartwell Hutchinson Hornsby Higgins 
Jameson Jones Landers Marshall McClure Murphy McGee Orr Pennock 
Purdam Reese Saunders Simmerwell Shores Stephens Sparks Tuton Tabor 
Toothman Todd Wade Williams Walker and Zimmerman 43 

Nays none 

On motion of Mr. Hutchinson the Clerk was ordered to commiuncate 
to the Senate the passage of the joint resolution 

On motion of Mr. Orr the vote taken upon the resolution of Mr. Edsall 
relative to placing additional members on Committee on New Counties 
and County Lines was reconsidered 

On motion of Mr. Hutchinson a special committee of one from each Sen- 



The Topeka Movement. 93 

atorial district not represented on Committee on new^counties and County 
Lines the motion was withdrawn 

House Bill No 3 entitled an act to incorporate the inhabitants of the 
City of Lawrence was on motion of Mr. Hutchinson was passed to a third 
reading Yeas 41 Nays none as follows. 

Yeas Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Higgins Jameson 
Jortes Landers Marshall McClure Murphy McGhee Orr Pennock Purdam 
Reese Saunders Shores Simmerwell Stephens Sparks Tuton Tabor Toothman 
Todd Williams Walker Zimmerman 41. 

Nays none 

The Bill was then adopted on being read by its title 

On motion of Mr. Hutchinson the Clerk was notified to inform the Senate 
asking their concurrence. 

Mr. Frost of the Committee on Examination of Books and papers of 
Executive committee reported progress and asked leave to sit again 

Leave was granted 

Mr. Williams offered the following resolution 

Resolved That the 42d rule of the "House Rules" be amended by adding 
after the words "five members each" excepting the Committee on Counties 
and County Lines which shall consist of one member from each Senatorial 
District After considerable discussion Mr. Tuton moved to lay the whole 
thing on the table motion carried 

On motion of Mr. Hutchinson House adjourned until tomorrow morning 

at 10 o'clock 

J. K. GooDiN Chf cm H. Rep. 

House of Representatives 

Thursday March 13. 1856 
House met pursuant to adjournment 
Roll called, a quorum answered to their names 

Journal of yesterday read amended and approved Mr. Brown presented 
a memorial from 90 ladies of Lawrence praying the passage of Stringent 
prohibitory laws, in relation to the sale and use of intoxicating liquors as 
follows 

To the Honorable the Senate and House of Representatives of the State of Kansas 
The undersigned your memorialists citizens of Kansas and the wives and 
daughters of your constituents beg leave respectfully to present to your 
honourable body that in the opinion of your memorialists the public interest 
requires that suitable laws be immediately passed to prevent the manufac- 
ture and importation for sale or use as a beverage within the State of Kansas 
of any distilled or malt liquors. 

It is not necessary for us in view of your own observations and the United 
testimony of all experience to enter into a minute discussion of the evils 
resulting to all classes of society from the use of intoxicating drinks as a 
beverage Ever since its first manufacture it has been the aim of legislators 
to pass restraining laws to prevent its abuse and each year and each year 
in the older the older States of the union new enactments have been found 
necessary until the Statute books have become literally loaded down with 
provisions on this subject It was not until within a few years that the true 
method was devised for its eradication and then those imaginary rights long 
established and entrenched behind the bulwarks of law and even of State 
constitutions were found in the way of an effectual remedy not so in Kansas 
Every thing is new and those privileges acquired by law and long established 



94 Kansas State Historical Society. 

customs do not exist no one can point to the precedent of several generations 
to sustain him in doing that which he frankly admits to be a wrong upon 
society 

Here in Kansas we are laying the foundations of a new Society and you 
as the first law making power recognized by the people should examine with 
the greatest circumspection the evils existing in the older States and by wise 
and judicious enactments protect the moral and social interests of the com- 
munity 

You will not think to pass by enacting stringent laws for the sale of lot- 
tery tickets the selling of unwholesome food the adulterating of floftr &c 
how then can you fail to give attention to a subject which impoverishes a 
whole nation brings wretchedness and misery in its train fills the land with 
mourning and sends the widows wail and orphans sob to heaven for relief 

In view of the plastic material- which you have the power to mould into 
form and clothe with lineaments and breath and in view of the great suf- 
fering entailed upon us as females of the State who are unable by pursuasion 
and kindness to influence those we love in the channels which lead to tem- 
perance prosperity and happiness and in view of their oft repeated declara- 
tions that if the destroyer could be removed from their sight and reach they 
would abstain from its use we therefore urgently but respectfully pray you 
to take our memorial into consideration and enact such laws in consonance 
with its spirit which your wisdom may suggest 

(signed) Mary Ann M. Mandell 

and 89 others of the Ladies of 
Lawrence. 

Referred to Committee on vice and Immorality 

Committee on Militia reported back House Bill No. 4, with amendments 

On motion of Mr. Hutchinson the bill was laid upon the table and or- 
dered to be printed 

The Special committee appointed to examine the books papers &c. of 
the Executive Committee submitted a report, which was received and re- 
ferred to the Select committee 

The Special committee to report resolutions on the death of Thomas W 
Barber reported as following 

The Special committee to v/hom was referred the resolutions respecting 
the death of Thomas W. Barber beg leave to report as follows 

Whereas Thomas W. Barber one of our most excellent and unoffending 
citizens was on the 6th day of December last brutally and cowardly murdered 
while peaceably and unarmed returning to his home from the city of Law- 
rence and Whereas we have reason to believe on good evidence that the 
murderer is an accredited agent an appointee of the President of the United 
States — is not only unapprehended by the Territorial authorities but is 
retained in office by the General Governmant 

Therefore Resolved, That the President of the United States by con- 
tinueing in office the murderer of the lamented Barber is hereby tacitly 
endorsing the criminal and is lending the weight of official influence in favour 
of those who not only contemn and despise order but who are destitute of 
even that small share of magnanimity and honor which is common to the 
assassin and highwayman 

Resolved That in the exhibition of cowardly baseness shown in the 
murder of Mr. Barber there is presented the true spirit which has character- 
ized the acts of the opponents of freedom in Kansas from its early settle- 
ment to the present time and add another proof that Slavery acknowledges 
no rights and shows no humanity when these stand in the path of its pro- 
gress Resolved That in the death of Mr. Barber his family have lost an 
affectionate member and support society an efficient promotor of its welfare 
and the State of Kansas a citizen whose patriotic virtues have embalmed 
his memory in the hearts of its people 

Resolved That a suitable monument be erected to the memory of the 



The Topeka Movemerit. 95 

deceased and that the people be invited to contribute liberally of their means 
for this purpose 

Resolved that a copy of these resolutions be sent to the several newspapers 
of this State with a request that they be published and that a copy be for- 
warded to the widow of the deceased. 

On motion the report was received and adopted. 

Mr. Frost Chairman of the special committee on salaries of officers of the 
House reported as follows 

The committee on Salaries of officers of this House beg leave to present 
the following 

That the Speaker shall receive 8 $ pr day 

" Chief Clerk " " 6 $ 

" Asst. Clerk " "_ 4 $ 

" " Transcribing and Assistant Transcribing 

Clerk shall receive 4 $ 

" " Sergeant at Arms and Assistant Sergeant 

at Arms shall receive 4 $ 

" " Door Keeper and Assistant Door Keeper 

shall receive 4 $ 

That the messinger and assistant messinger shall re- 
ceive 1 $ pr day 
That the Chaplain shall receive 3 $ pr day 
We recommend a special appropriation for the Chief Clerk, for the first 
session as his labours have been and will be more arduous during the first 
session of the General Assembly possibly than at any future session 

Respectfully submitted 

W. R. Frost Chairman 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following resolution and do respectfully ask the House of Representatives 
to concur therein 

Resolved, The House concurring that the State Printer be authorized to 
publish fifteen thousand copies of the Constitution of the State of Kansas, 
The report of the Executive committee. The Journal of the Senate and 
House of Representatives to be bound in pamphlet form together with the 
Governor's messages 

March 12. 1856. Attest A. Allen Sec. Senate 

Mr. Tuton moved a reference of the resolution to the committee on 

printing Motion lost. Mr. Walker moved the House concur — lost Mr. 

Hutchinson moved an amendment to strike out "15" and insert 5. — carried 

The resolution as amended was adopted on motion of Mr. Toothman 

On motion of Mr. Marshall the clerk was instructed to inform the Senate 

of the action of the House 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have agreed 
to non-concur in the amendments of the House to Senate resolution relative 
to the appointment of a committee to codify the laws for the State of Kansas 

Attest A. Allen Clerk Senate 

On motion of Mr. Hutchinson the resolution was laid upon the table 

Message from the Senate 

Mr. Speaker I have the honor to inform that the following joint 
resolution has passed the Senate and they would respectfully ask the con- 
currence of the House therewith 



96 Kansas State Historical Society. 

Resolved That no new business be taken up after today the 13th instant 
and that we take a recess on Saturday the 15th inst to meet on the 4th day 
of July next at 12 o'clock M. 

attest A. Allen Clerk Senate 

Mr, McClure moved to lay the resolution on the table — motion lost. 

A second reading was called for, also a third reading, on motion of Mr. 
Walker the House concurred in the resolution 

Mr. Dickey moved a reconsideration of the vote passed yesterday on 
resolution postponeing the time of adjournment motion carried 

Mr. Walker moved a suspension of the rules that the resolution might 
pass to a second and third reading. 

Yeas and Nays being ordered resulted Yeas 35 Nays 8. as follows: — 

Yeas Mess Arthur Abbott Beyer Bowen Barry Curtiss Cannon Crosby 
Cody Dickey Edsall Hornsby Higgins Jones Landers^Mewhinney Murphy 
McGee Orr Pennock Purdam Reese Saunders Shores Simmerwell Sparks 
Tuton Tabor, Toothman Todd Wade Williams & Walker 35 

Nays, Mess. Brown Frost, Hartwell Hutchinson Jameson McClure 
Stephens and Zimmerman 8. 

So the rules were suspended 

The question then was on the final passage of the resolution Yeas and 
nays being ordered resulted Yeas 35 Nays 8, as follows 

Yeas Mess Arthur Abbott Beyer Bowen Barry Curtiss Cannon Crosby 
Cody Dickey Edsall Hornsby Higgins Jones Landers Mewhinney Marshall 
Murphy McGee Orr Pennock Purdam Reese Saunders Simmerwell Shores 
Sparks Tuton Tabor Toothman Todd Wade Williams and Walker 35 

Nays Mess Brown Frost Hartwell Hutchinson Jameson McClure 
Stephens and Zimmerman 8 

So the joint resolution passed 

On motion of Mr. Walker House adjourned until tomorrow morning at 9 
o'clock J. K. GooDiN Ch'f Cl'k H. Rep. 

House of Representatives 

Friday March 14. 1856. 
House met pursuant to adjournment 
Prayer by the Chaplain 

Roll called 41 members answered to their names 
Journal of yesterday read and approved 

Message from the Senate 

Mr. Speaker The Senate have had under consideration House Bill 
No. 1, entitled an act defining certain duties of the Auditor of State and 
authorizing the Governor to employ a messenger and report the following 
amendments 

Relative to the Title 

Relative to the 3d Section 

On motion of Mr. Edsall the House receded from the former amendments 
to resolution for the appointment of a committee to codify the laws, where- 
upon the same gentleman offered the following resolutions 

Joint resolutions concerning the appointment powers and duties of a 
codifying committee 



The Topeka Movement. 97 

Resolved That a committee of five be appointed by the Senate to act in 
conjunction with a committee of fifteen from the House whose duty it shall 
be to frame and draft a code of laws for the State of Kansas and to report 
the same to the General Assembly on the 4th day of July next or as soon 
thereafter as may be 

Resolved That said committee are hereby instructed to proceed in 
preparing said code of laws during the recess of the first General Assembly 
which commences on the 15th day of March and continues until the fourth 
day of July next A. D. 1856. 

Resolved that said committee be and are hereby authorized to rent such 
rooms and to provide themselves with all papers books stationary furniture 
fuel lights &c. that may be necessary for the convenient prosecution of their 
labors and that all reasonable charges for the [same] shall be audited by the 
State 

Resolved that said committee are hereby authorized to employ one door- 
keeper and all necessary clerks not to exceed eight in number and that the 
same shall be entitled to receive the same per diem that corresponding 
officers of the General Assembly receive 

Resolved That members of said committee shall be entitled to receive 
for their services the sum of 4$ pr day for each and every day actually devoted 
to services on said committee 

Resolved That all reports agreed to by said committee be and are hereby 
ordered to be printed in Bill form and that a file prepared of said reports 
in their numerical order for each member of the General Assembly the 
Governor and heads of departments of this State 

Resolved That said committee shall have power to divide their labour 
into as many distinct branches as the subject may require and that each 
branch may be assigned to sub-committees appointed by the codifying 
committee from among their own number, whose duty it shall be to report, 
in bill form to the codifying committee upon the subject respectively assigned 
to them the said Sub committees shall have power to sit at any place they 
may deem most convenient while engaged in investigating the subject 
respectively assigned to them Mr. Pennock moved that the blank be filled 
by inserting $5 five dollars per day which was lost 

On motion of Mr. Hutchinson (4) four dollars per day was inserted. 
On motion of Mr. Williams the words "Sergeant at Arms" was stricken out 

The 1st. 2d. 3d. 4th. 5th. 6th sections were adopted, a motion by Mr. 
McClure to amend the 4th section by striking 8 and insert 3 was lost 

On motion of Mr. Tuton the 7th Section was amended by adding the 
following "provided there shall always be 11 members at Topeka the seat 
of government." 

The section as amended was adopted 

The Yeas and Nays being ordered resulted Yeas, 38 Nays 0, as follows. 

Yeas, Mess. Arthur Abbott Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Hornsby Higgins 
Jameson Jones Landers Mewhinney Marshall McClure McGee Pennock 
Purdam Saunders Simmerwell Shores Stephens Sparks Tuton Tabor Tooth- 
man Todd Wade Williams Walker 37 Nays 

The Chair appointed the following gentlemen on said committee 

Mess Hutchinson Hornsby Pennock Frost Tuton Edsall Jameson Zim- 
merman McClure Hartwell Curtiss Dickey Blood Brown and Arthur 

On motion of Mr. Brown the following resolution was adopted 

Resolved that Mr. E. B. Whitman who now engaged in preparing a 
practical map of this State for the settlers and emigrants be permitted to 
avail himself of the information to be obtained by Mr. A. D. Searl at the 
Land office for the use of the committee on new counties and county lines 

—7 



98 Kansas State Historical Society. 

Mr. Stephens called up House Bill No. 4. on militia On motion of Mr. 
Purdam, further consideration of the bill was postponed until the 10th day 
of July next 

Mr. Hutchinson called up Senate bill No. 2. establishing the salaries of 
State officers and officers of the General Assembly and on motion of the same 
gentleman the House went into the committee of the whole to consider it 

Sec. 1st. Salary of the Governor. Mr. McGhee moved to strike out 
3000 (three thousand) and insert 1500 (fifteen hundred) 

Mr. Walker moved to strike out 3000 (three thousand) and insert 1000 
(one thousand) motion lost. 

Mr. Gee's amendment was adopted 

Sec. 2. Salary of Sec of State on motion of Mr. Walker 1800 (eighteen 
hundred) was striken out and 1000 (one thousand) inserted 

Sec. 3. Auditor of State Mr. Walker moved to strike out 1800 (eighteen 
hundred) was stricken out and insert 900 (nine hundred) was lost 

Mr. Stephens moved to insert 1000. which was adopted 

Sec. 4. State Treasurer On motion of Mr. Hutchinson 1800 (eighteen 
hundred) was stricken out and 1000 (one thousand) inserted in its place 

Sec. 5. Private Secretary to the Governor. Mr. Cannon moved to 
strike out 800 (eight hundred) and insert (400) four hundred was lost. 

On motion of Mr. Hutchinson 500 (five hundred) was inserted 

Sec. 6. Chief Clerk in Secretary of State's office on motion of Mr. 
"McGee, 1.200 (twelve hundred) was stricken out and 600 (six hundred) 
inserted 

Sec. 7. The Chief Clerk in Auditors department On motion of Mr. 
Stephens 1200 (twelve hundred) was stricken out and 600 six hundred 
inserted 

Sec. 8. The Clerk of Treas of State. On motion of Mr. Walker 1,200 
(twelve hundred) was stricken out and 600 (six hundred) inserted 

Sec. 9th. Attorney General On motion of Mr. Hutchinson 2000 (two 
(two thousand) was stricken out and 1.000 (one thousand) inserted 

Sec. 10th. Judge of Supreme Court. On motion of Mr. Brown, 2000 
rttwo thousand) was stricken out and 1000 (one thousand) inserted 

Sec. 11th. Clerk of Supreme Court On motion of Mr. Hutchinson 
$1,500 (fifteen hundred) was stricken out, and the words "fees regulated 
; by law" inserted 

Sec. 12th. Reporter of Supreme Court. On motion of Mr. Hornsby 
"^$1000 was stricken out and the words "rates hereafter established by law" 
inserted 

Sec. 13th. 14th. 15th. and 16th were adopted 

Mr. Abbott moved, to amend Sec. 15th, by striking out $^ pr day and 
insert $5. pr day motion lost 

Sec. 17th on motion of Mr. Abbott was amended by strik'g out $8 
and inserting $6 

Sec. 18. Salary of Chaplain On motion of Mr. Curtiss was amended 
;by striking out $Jf and inserting $3 

Sec. 19. Salary of Governor's messenger, on motion of Mr. McGee 
-was amended by striking out $400 and inserting $200 

Sec. 20. Sergeant at Arms on motion of Mr. Walker $6 was stricken out 
^nd $Jt inserted 



The Topeka Movement. 99 

See's 21. 22 & 23 were adopted 

On motion of Mr Walker the committee rose and reported the Bill back 
with amendments also a message from the Senate 

On motion of Mr. Hartwell the rules were suspended, and bill passed to 
a second reading Yeas 38 nays none Yeas and nays being ordered resulted 
Yeas 38 nays none as follows 

Yeas Mess Arthur Abbott Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Hornsby Hig- 
gins Jameson Jones Landers Mewhinney Marshall McClure Murphy McGee 
Orr, Pennock, Purdam Saunders Simmerwell Shores Sparks Tabor Toothman 
Todd Williams Walker and Zimmerman 

On its final passage Yeas and Nays being ordered resulted Yeas 32 Nays 
5, as follows. 

Yeas Mess. Arthur Brown Bowen Curtiss Cannon Crosby Cody Dickey 
Edsall Frost Hartwell Hutchinson Higgins Jameson Jones Landers Me- 
whinney McClure McGee, Orr Pennock Purdam Saunders Simmerwell Shores 
Stephens Sparks. Tabor. Tood Williams and Walker 32 

Nays Mess. Abbott Beyer Barry Toothman and Zimmerman 5. 

So the bill passed 

The bill was then read by its title and adopted Mr. Tabor offered the 
following resolution which was decided out of order 

Resolved That we request the condifying committee to take into con- 
sideration the importance of a law prohibiting Hogs from running at large 
in the State of Kansas. 

The following message was received from the Senate 

March 14th. 1856 
Mr. Speaker. I have the honor to inform that the Senate have past 
following concurrent resolution 

Resolved The House of Representatives concurring that the treasurer 
of the Executive Committee report to the legislature at as early a period 
as possible the amount of certificates of indebtedness by him countersigned 
The amount of such certificates if any yet remaining in his hands and such 
other information as he may be in possession of in relation to this subject 

A. Allen Chief Clerk Senate 

Resolution was concurred in by the House 
The following message was received from the Senate 
Message from the Senate 

March 14. 1856. 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following joint resolution and would respectfully ask the house to concur 
therein 

Joint Resolution, Rleative to fixing the compensation of the com- 
missioners to codify the practice &c. 

Resolved By the Senate, the House of Representatives concurring that 
the commissioners to codify the practice pleadings &c. be allowed the sum 
of six ($6-) pr day for each day actually employed and that they be instructed 
to employ such number of Clerks as they may deem requisite and that the 
necessary expenses for office rent fuel lights stationary postage &c be allowed 
them during the time they are actually employed in the business of their 
office 

A. Allen Chief Clerk Senate 



100 Kansas State Historical Society. 

Mr. Zimmerman moved to insert not more than three Clerks motion 
lost. 

Mr. Toothman moved to lay the message on the table motion lost 

A motion to adjourn was lost. 

On motion of Mr. Tuton the resolution was amended by striking out 6. 
and inserting 4. 

Mr. Zimmerman moved to further amend by inserting not more than 
three Clerks each to receive the same compensation allowed the Clerks of the 
codifying committee pending which the house adjourned until 2 o'clock 
P. M. 

2 O'clock P. M. 

Met pursuant to adjournment 33 members present. Mr. Zimmermans 
amendment first in order 

On motion of Mr. Frost it was amended so as to read "the clerks to receive 
$^ — per day" 

On motion of Mr. McClure the word instructed was stricken out, and the 
word authorized inserted The resolution as amended was adopted 

House bill No. 1, defining certain duties of the Auditor of State was then 
taken up. Yeas and nays being ordered resulted Yeas 35 nays as follows 

Yeas Mess Abbott Arthur Beyer Brown Bowen Barry Cannon Crosby 
Cody Dickey Edsall Frost, Hartwell Hornsby Hutchinson Jameson Jones 
Landers Mewhinney McClure Murphy McGhee Purdam Saunders Shores 
Stephens Sparks Tuton Tabor Toothman Todd Wade Williams Walker 
and Zimmerman 35 

Nays none, so the bill was passed 

The bill was then read by its title and adopted 

The following message was received from the Senate 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following joint resolution and a concurrent resolution and respectfully 
ask the House of Representatives to concur therewith 

Resolved The House concurring that the committee to codify the laws 
during the recess of the Legislature shall be allowed the sum of six (6) dollars 
pr day for each days actual employment and they be instructed to employ 
such number of clerks as they may deem requisite — that the necessary 
expenses for fuel lights stationary postage be allowed them during the time 
they are actually employed 

March 13th, 1856. Attest A. Allen Clk Senate 

On motion of Mr. Edsall it was laid on the table 

The following joint resolution was received from the Senate and con- 
curred in 

Resolved The House concurring that the Secretary of State be requested 
to solicit donations of books records and documents relative to laws &c. 
from the various States and from the General Government for the use of 
the department of State and the Legislature of Kansas 

March 13, 1856 Attest A. Allen Sec of Senate 

On motion of Mr. Hutchinson the vote was reconsidered 
On motion of Mr. Hartwell the resolution was laid on the table 
The following message from the Senate was read and on motion of Mr. 
Edsall laid upon the table 



The Topeka Movement. 101 

March 14th, 1856 
Mr. Speaker I have the honor to inform, that the following resolution 
has passed the Senate and they would respectfully ask the House to concur 
therein 

Joint resolution relative to fixing the compensation of the committee to 
codify laws &c. 

Resolved, By the Senate the House of Representatives concurring that 
the committee to codify the laws during the recess of the Legislature shall 
be allowed the sum of ($5) five dollars pr day for each day actually employed 
and that they be instructed to employ such number of clerks as they may 
deem requisite That the necessary expenses for fuel lights stationary and 
postage be allowed them during the time they are actually employed 

A. Allen Chf. Clerk Senate 

The following messages from the Senate were concurred in. 

Message from the Senate 

March 14, 1856 
Mr. Speaker I have the honor to inform that the Senate have passed 
the following resolutions and do respectfully ask the House to concur there- 
with 

Resolved The House concurring that the Secretary of State shall be 
directed to procure three certified copies of the Constitution of the State of 
Kansas one of which shall be deposited in his office one delivered to J. H. 
Lane and the other one forwarded to A. H. Reeder Senators elect for the 
State of Kansas 

A. Allen Chief Clerk of Senate 

Message from the Senate 

March 14, 1856 
Mr. Speaker I have the honor to inform that the Senate have passed 
the following concurrent resolution and respectfully ask that the House shall 
concur therewith 

Resolved That the House concurring the Secretary of the Senate and 
Clerk of the House be authorized to complete such unfinished business — • 
at the same per diem — as they may have on hand when the Assembly ad- 
journs to meet on the 4th day of July after such recess. 

A. Allen Chief Clerk Senate 

On motion of Mr. Hutchinson the House resolved to non-concur in joint 
resolution relative to the appointment of a codifying committee and a com- 
mittee of conference was appointed 

The Speaker announced Mess. Hutchinson Frost and Pennock as said 
committee 

Mr. Tuton offered the following joint resolution 

Resolved by the General Assembly of the State of Kansas that all state and 
judicial officers whose salaries may have been fixed by law shall not receive 
their salaries until such time as they actively enter upon the discharge of 
their several offices 

On motion of Mr. Hartwell to suspend the rules the yeas and nays being 
ordered resulted as follows Yeas 6 Nays 29 

Yeas Mess Bowen Cannon Dickey Hartwell McGee and Tuton 6. 

Nays Mess Arthur Abbott Beyer Brown Barry Crosby Edsall Frost. 
Hutchinson Hornsby Jameson Jones Mewhinney Marshall McClure Pen- 
nock Purdam Saunders Simmerwell Shores Stephens Sparks Tabor Tooth- 
man Todd, Wade, Williams Walker and Zimmerman 29 

So the motion was lost. 

House bill No. 2. entitled an act providing for the payment of certificates 



102 Kansas State Historical Society. 

of indebtedness issued by the Executive Committee of Kansas came upon 
its final passage. 

Yeas and Nays being ordered resulted Yeas 35 Nays as follows. 

Yeas Mess Arthur Abbott Beyer Bowen Brown Barry Cannon Dickey 
Edsall Frost Hartwell Hutchinson Hornsby Jameson Jones Landers Me- 
whinney Marshall McClure Murphy McGee Pennock Purdam Saunders 
Simmerwell Stephens Sparks Tabor Toothman Todd Wade Williams Walker 
and Zimmerman 35. 

Nays. 

So the bill was passed. 

The bill was read by its title and on motion of Mr. Tuton amended by 
adding the word "Territory" and adopted. 

Senate bill No 5 entitled an act for the encouragement of agriculture in 
the State of Kansas was read and on motion of Mr. Edsall was laid upon the 
table and ordered to be printed 

Senate bill No. 7, entitled an act defining the duties of the State Printer 
was read and on motion of Mr. McClure referred to the committee on Print- 
ing Senate Bill No 8, entitled an act establishing the price of public printing 
was on motion of Mr. Brown referred to Committee on printing with in- 
structions to report tomorrow — On motion of Mr. Saunders the House 
took a recess for 15 minutes 

Mr. Frost offered the following resolution which was adopted 

Resolved That the first Clerk be allowed two dollars pr day in addition 
to his fixed per diem for services rendered this session. 

On motion of Mr. Hutchinson House adjourned until 7J^2 o'clock this 
evening 

lli o'clock. P. M. 
Your committee appointed to confer with a committee of the Senate on 
the joint resolution considering the appointment powers and duties of a 
codifying committee have agreed to and beg leave to submit the following 
report 

Resolved 1st.. That a committee of five be appointed from the Senate to 
act in conjunction with a committee of fifteen from the House whose duty it 
shall be to frame and draft a code of laws for the State of Kansas and report 
the same to the General Assembly on the 4th day of July 1856. or as soon 
thereafter as may be 

Resolved 2d, That said Committee is hereby instructed to proceed in 
preparing said code of laws during the recess of the first General Assembly 
which commenced on the 15th day of March and continues until the 4th day 
of July A. D. 1856. 

Resolved 3d That said Committee be and are hereby authorized to rent 
such rooms and to provide themselves with all papers books stationary fuel 
lights &c. that may be necessary for the convenient prosecution of their 
labors and that all reasonable charges for the same shall be audited by the 
Auditor of State 

Resolved Uth That said committee are hereby authorized to employ one 
Sergeant at Arms and all clerks not to exceed eight in number and the same 
shall be entitled to receive $5, — for every day actually devoted to services 
on said committee 

Resolved 5th, That the members of said committee shall be entitled to 
receive for their services the sum of 5$ — for every day actually devoted to 
services on said committee 

Resolved 6th. That all reports agreed to by said committee be and are 
hereby ordered to be printed in bill form and that a file be prepared of said 



The Topeka Movement. 103 

reports in their numerical order for each member of the General Assembly 
the Governor and heads of departments of state and fifty additional copies 
for the use of the committee 

Resolved 7th. That the meetings of said codifying committee shall be 
holden at Topeka the temporary seat of Government 

W. R. Frost, Chairman 

The report was accepted and adopted 

Senate bill No. 6, was passed 

Yeas and Nays as follows Yeas 38 Nays 0. on suspending the rules — 
as follows. 

Yeas Mess Arthur Abbott Blood Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Hornsby Higgins 
Jameson Jones Landers Mewhinney Marshall McClure Murphy McGee 
Orr, Pennock Purdam Saunders Simmerwell Shores Sparks Tabor Tuton 
Todd Wade Williams Walker and Zimmerman 38 

Nays 0. 

So the rules were suspended 

On the passage of the bill Yeas and Nays being ordered, resulted Yeas 36 
Nays 

Yeas Mess Arthur Abbott Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Hornsby Jameson 
Jones Landers Mewhinney Marshall Murphy McClure McGee, Orr Pennock 
Purdam Saunders Simmerwell Shores Sparks Tabor Todd Tuton Wade Wil- 
liams Walker Zimmerman and Speaker 36. 

So the Bill passed 

The bill was then read by its title and adopted. 

Mr. Tuton Chairman of committee to prepare a memorial to the Presi- 
dent of the United States made the following report 

See page [not incorporated in the Journal] 

On motion of Mr. McClure, the report was accepted 

Mr. Zimmerman presented a report on Ex. Com'e which was withdrawn 

On motion of Mr. Frost adjourned until tomorrow morning 9 o'clock. 

J. K. GOODIN Ch'f Cl'k H. Rev. 

House of Representatives 

Saturday March 15, 1856 
House met pursuant to adjournment the Speaker in the Chair. 
Prayer by the Chaplain 

Journal of yesterday read amended and approved 

Mr. Frost Chairman of committee on printing reported back Senate bill 
No. 8, as follows. 

Your committee to whom was referred Senate bill No. 8, report the same 
back to the House with sundry ammendments and reccommend its passage. 

Sec. 1. Strike out the words "one dollar and fifty cents" and insert the 
words "one dollar" In the 4th line of said Sec. Strike out the words "Two 
dollars" and insert the words "One dollar and fifty cents 

also the addition of a section as follows 

Sec. 2. This bill may be repealed by this or any subsequent Legislature 

W. R. Frost, Chairman 

The report was accepted 



104 Kansas State Historical Society. 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have agreed 
to nonconcur in the House amendments to Senate bill No. 2, regulating the 
salaries of State officers &c. and ask a committee of conference 
Senate Committee 

Updegraflf 
Harding 
Adams 
March 15th, 1856 A. Allen Sec. Senate 

Mess Edsall Orr and Todd were appointed as the committee to confer 
with the Senate committee 

On motion of Mr. Beyer the committee were granted leave of absence 

On motion of Mr. Stephens the rules were suspended that the bill might 
be read a third time Yeas and Nays being ordered resulted Yeas 35 Nays 
as follows 

Yeas Mess. Abbott Arthur Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Frost Hartwell Hornsby Jameson Jones Landers Me- 
whinney Marshall Murphy McGee Pennock Purdam Reese Saunders Sim- 
merwell Shores Stephens Sparks Tuton Tabor Toothman Wade Williams 
and Zimmerman 35. 

On motion of Mr. Brown the House went into committee of the whole 
to consider the bill Mr. Beyer in the chair 

On motion of Mr. Stephens the following amendment was adopted 

"This act shall take effect from and after its passage 

Mr. Hartwell moved to strike out the amendment, reported by the com- 
mittee adding the 2d. section carried 

On motion of Mr. Williams the committee rose and reported the bill back 
with amendments 

On motion of Mr. Tabor, the House concurred in the amendments 

The bill was then read and passed as follows. Yeas 35 Nays 0, as follows 

Yeas Mess Arthur Abbott Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Frost, Hartwell Hutchinson Hornsby Jameson Jones 
Landers Marshall McClure Murphy McGee Pennock Purdam Reese Saun- 
ders Simmerwell Shores Sparks Tuton Tabor Toothman Williams Walker 
Zimmerman 35. 

The bill was then read by its title and adopted 

Senate bill No. 3. was then taken up, and on motion was laid on the table 

Mr. Hutchinson Chairman of committee to prepare a memorial to Con- 
gress made a report which on motion of Mr. Tuton was accepted on motion 
of the same gentleman the rules were suspended to pass the memorial to a 
second reading Yeas, and Nays on suspending the rules being ordered 
resulted Yeas 36, Nays 0. 

Those voting in the affirmative are Mess Arthur Abbott Beyer Brown 
Bowen Barry Curtiss Cannon Crosby Cody Dickey Frost Hartwell Horns- 
by Jameson, Jones Landers Mewhinney Marshall Murphy McGee Pennock 
Purdam Reese Saunders Simmerwell Shores Stephens Sparks Tuton Tabor 
Toothman Wade Williams Zimmerman 35 

On motion of Mr. Curtiss House went into committee of the whole to 
consider the memorial to congress 

Mr. Tuton in the Chair 



The Topeka Movement. 105 

On motion of Mr. Saunders the Committee rose and reported back the 
memorial without amendments 

The following message was received from the Senate and read. 

Mr. Speaker I have the honor to inform you that the Senate have 
adopted the report of the committee on conference — for codify the laws. 

On motion of the report of the committee of the whole was adopted 

Mr. McClure offered the following resolution 

Resolved By the House the Senate concurring that two copies of the 
memorial to Congress and the President be prepared, one copy of each to 
be given to J. H. Lane the other to be forwarded to A. H. Reeder, by the 
Sec'y of State 

Mr. Hornsby moved to amend by adding that 500 copies be ordered for 
the use of the House and one copy forwarded to each Governor of the several 
States which amendment was accepted 

Mr. moved to further amend by striking out two and inserting 

3 and after the name of A. H. Reeder the name of Mark W. Delahay which 
was accepted and the resolution as amended was adopted 

The following message was received from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
House Bill No. 2. with amendments which they submit to your body for 
consideration 

House Bill No. 2. then came upon its final passage Yeas 22 Nays 13 
As follows 

Yeas Arthur Beyer Brown Bowen Barry Cannon Cody Dickey Frost 
Jameson Jones Landers McGee. Pennock, Purdam Reese Simmerwell 
Shores Stephens Sparks Walker and Zimmerman 22 

Nays Mess. Abbott Curtiss Crosby Hartwell Hornsby Mewhinney 
Marshall McClure Murphy Saunders Tabor Toothman and Williams 13 

On motion of Mr. Dickey the vote on House bill No 2 was reconsidered 

The question will the House concur in the amendments, of the Senate 
was then put and decided carried 

A division was called for, and the chair decided it carried by a vote of 
21 to 16 

A Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate has con- 
curred in the third amendment of the House of Representatives to Senate 
bill no 8. entitled "An act regulating the price of public printing" and that 
the Senate has concurred in the 1st and 2d amendments in which the con- 
currence of the House of Representatives is requested 

Sec. — 1st. Strike out of the House amendment "one dollar" and 
insert the words "one dollar and twenty five cents" 

2d Strike out the words one dollar and fifty cents and insert the words 
one dollar and seventy five cents in the 2d House amendment 

Mr. Pennock Chariman of a special committee on Printing made a report 
which on motion of Mr. Stephens was accepted, and on motion of same 
gentleman the rules were suspended to pass the bill to its reading 

Yeas and Nays on suspending the rules resulted Yeas 38. Nays 0, as 
follows 

Yeas Mess, Arthur Abbott Beyer Brown Bowen Barry Cannon Crosby 
Cody Dickey Frost Hartwell Hornsby Jameson Jones Landers Mewhinney 
Marshall McClure Murphy McGee Orr Pennock, Purdam Reese Saunders 



106 Kansas State Historical Society. 

Simmerwell Shores Stephens Sparks Tuton Tabor Toothman Todd Wade 
Williams Walker and Zimmerman 38. 

On its final passage Yeas and Nays being ordered resulted Yeas 38, 
Nays 0, as follows 

Yeas Mess Arthur Abbott Beyer Brown Bowen Barry Curtiss Cannon 
Cody Dickey Frost Hartwell Hornsby Jameson Jones Landers Mewhinney 
Marshall McClure Murphy McGee Orr, Pennock Purdam Reese Saunders 
Simmerwell Shores Stephens Sparks Toothman Tabor Tuton Todd Wade 
Williams Walker and Zimmerman 38 

Nays 0. 

The following message was received from the Governor 

To the Senate & House of Representatives 

Gentlemen I have this day approved of and signed House bill No. 1, 
entitled an act "defining certain duties of the auditor of State 

(Signed) C. Robinson 

Executive Office March 15, 1856 Governor State Kansas 

On motion of Mr. Frost the House adjourned until 2 o'clock. 

2 o'clock P. M. 

Met pursuant to adjournment 38 members present Mr. Edsall chair- 
man of committee to confer with a similar committee from the Senate on 
Senate bill No. 2. entitled an act establishing the Salaries of the State officers 
and officers of the General Assembly made a report which was accepted 
on motion of Mr. Saunders 

On motion of Mr. Hutchinson the House resolved to non concur in the 
report and referred back to the same committee with instructions to raise 
the salary of the Judges of the Supreme Court to 2000$ each On motion 
of same gentleman the committee had leave of absence 

Mr. Frost Chairman of Committee to investigate the affairs of the Exe- 
cutive Committee presented the following report 

On motion of Mr. Simmerwell the report was accepted 

•The committee to whom was referred the report of the chairman Secretary 

and treasurer of the Executive Committee the examination of the books 

papers &c belonging to the office of the same and to confer with the Executive 

Committee as per your instructions beg leave to submit the following report 

We find that a regular concise and creditable record of the meetings 
of the Committee have been kept by the Secretary of the committee giving 
the rise cause and progress of the organization from the first movement 
made by the people of Kansas, copies of all the proclamations issued of the 
same 

The formation of precincts, the canvassing of the territory for the special 
and several elections. The form of poll books, tally lists instructions to 
judges of elections apportionment certificates commissions &c &c. are all 
recorded and reflects great credit both upon the industry and ability of the 
committee and as a matter of record will be looked to with much interest 

The results of the votes for members of the constitutional convention 
The vote on the adoption of the constitution. The General Banking Law 
clause and Black law propositions together with the vote for State officers 
and members of the General Assembly are in the Executive office or laid 
before the House of Representatives 

The correspondence of the Executive Com'e and papers of a miscellaneous 
nature were made subject to our examination and the papers of the office 
have all been kept in good order and at all times open to inspection 

Upon examination of the records together with what information we 
could obtain we are led to believe that a certified manuscript copy of the 



The Topeka Movement. 107 

constitution of Kansas has been but recently forwarded to Congress Any 
seeming derilicition on the part of the Executive Committee can be readily 
overlooked by us when we take into consideration the fact of invasion from 
the border immediately after the adoption of the Constitution and other 
troubles and business which demanded their attention 

Your committee feel proud in reporting that the business of the provi- 
sional government so far as we can ascertain has been conducted in a prudent 
judicious economical and masterly manner Ever step seems to have been 
guarded Every thing which could be done for the success of the State 
government even to the most minute detail will bear the scrutiny of the 
most incredulous and we cannot but be greatful for the efficient and valuable 
services performed for us by the Executive Committee of Kansas Territory 
Under clause of the schedule attached to the Constitution empowering 
the Executive Committee to issue certificates of indebtedness for the legi- 
timate expenses 

Necessary for the formation of the State government to the amount 
not exceeding $25.000 — 

Your committee find that certificates of indebtedness have been issued 
by the Executive Committee to the amount of $12,455.80 for which vouchers 
are on file in the Secretary's office as follows. 
For Printing and Stationary to Sundry Persons 3.193.95 

For Pay of members and officers of the Constitution 

Conv'n 5.070.35 

For expenses of elections For carrying poll books, 

pay of judges &c 1 . 468 . 78 

For office expenses For Executive Committee 324 . 72 

Amount to members of the Executive Committee as 
part pay for services viz 

To J. H. Lane $200 — 

" J. K. Goodin $200 — 

" G. W. Brown $50 — 

" C. K. Holliday 100 — 

" G. W. Smith 200 — $750 — 

For Assistant Secretary to Executive Committee — 

To S. C. Smith $28 — 

" E. C. K. Garvey $20 — 

Amounts paid to agents to the States 

To J. H. Lane $200 — 

" Morris Hunt $200 — 

" G. W. Smith $200 — 

" S. C. Smith $200 — 

" Turner Sampson $200 — 

" M. F. Conway $200 — 

" J. S. Emery $200 — 

" A. H. Mallory $200 — $1,600 — 

$12,455.80 

Amt issued for which there are no bills on file $ 2 . 600 . — 

Showing whole amount of issues agreeable to record $15,055.80 

From this amount deduct the amount in the hands of the 

treasurer not countersigned agreeable to his report $ 1 . 800 — 

Amt of scrip in circulation 13 . 255 . 80 

All of which is respectfully submitted W. R. Frost. Chm'n 

On motion of Mr. Toothman the report was adopted 
Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
a concurrent resolution in reference to memorializing Congress and ask 
your concurrence in the same 

Resolved That the House concurring the memorials to Congress and to 
the President be referred to a select joint committee composed of three 



108 Kansas State Historical Society. 

members from each house with power in said joint committee to correct or 
Change the phraseology to have three written copies of such prepared and 
one of each forwarded to our Senators and Representatives to Congress, and 
a printed copy furnished to the Governor of each State signed by the officers 
of the General Assembly and by the Governor and Secretary of State 

A. Allen Chief Clerk Senate 

The message was accepted and motion of Mr. Stephens the Rules were 
suspended. Yeas and Nays being ordered resulted Yeas 38 Nays 3 as 
follows: 

Yeas Mess Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Cody Dickey Edsall Frost Hutchinson Hornsby Higgins 
Jameson Jones Landis Mewhinney Marshall McClure Murphy McGee 
Pennock Purdam Reese Saunders Simmerwell Shores Stephens Sparks 
Tabor Toothman Todd Williams and Walker 38 

Nays Mess Orr, Tuton and Zimmerman 3 

On motion of Mr. Hartwell the message was laid upon the table 

The following message from the Senate was then read 

Senate would not adopt report of committee of conference on Senate Bill 
No. 2. entitled an act establishing the salaries of State officers &c and ap- 
pointed another committee of conference and ask the House to appoint a 
like committee 

Senate committee Mess Allen Harding Fuller 

Attest A. Allen Secy 

House appointed Mess Hutchinson McClure and Dickey committee on 
the part of the House to confer with the committee of the Senate 

Message from the Governor 

To the Senate and House of Representatives 

Gentlemen I have this day approved and signed the following bills 
Senate Bill No. 4. entitled "an act concerning elections" also Senate bill 
No. 7. entitled an act defining the duties of State Printer" 

Executive Office March 15, 1856. C. Robinson Governor &c. 

A motion to take a recess for 15 minutes was lost 

Mr. Hartwell moved to reconsider the vote on Senate bill No. 5. "an act 
for the encouragement of Agriculture — motion lost 

On motion of same gentleman a recess of 15 minutes was taken 

After recess on motion of Mr. Tuton House bill No. 2. was taken up 
and on motion of the same gentleman the rules were suspended and the 
Bill passed to its third reading Yeas and Nays being ordered resulted 
Yeas 28 Nays 6 as follows 

Yeas Mess Abbott Beyer Brown Bowen Barry Cannon Crosby Edsall 
Frost Hornsby Jameson Jones Landers Mewhinney Murphy McGee Pen- 
nock Purdam Reese Saunders Simmerwell^Shores Sparks Tuton Tabor Todd 
Williams Zimmerman 28 

Nays Mess. Arthur Blood Cody Orr Toothman and Walker 6 

On motion of Mr. Brown the House went into committee of the whole 
to consider Senate Bill No. 5. Mr. Orr in the Chair 

The Committee rose and reported the bill back to the House with one 
amendment 

The Yeas and Nays on its final passage being ordered resulted Yeas 
38 Nays 0, as follows 

Yeas Mess Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss 



The Topeka Movement. 109 

Cannon Crosby Cody Dickey Edsall Frost Hartwell Hornsby Jones Landers 
Mewhinney Marshall McClure Murphy McGee Orr. Pennock Purdam 
Reese Saundersl^^Simmerwell Shores Sparks Tuton Tabor Toothman Todd 
Williams Walker and Zimmerman 

The bill was then read by[its title and adopted 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have con- 
curred in the amendments of the House to Senate bill No. 5. entitled an 
act for the encouragement of Agriculture in the State of Kansas 

March 15. 1856 A. Allen Secty 

Mr. Edsall Chairman of committee of conference reported that they 
could not act not being instructed 

On motion they were discharged 

On motion of Mr. Hartwell a committee of 3 was appointed to revise 
and correct memorial — acting in concert with a similar committee from 
the Senate 

The Chair appointed on said committee Mess Curtiss Hornsby & Hart- 
well 

Leave of absence was granted to the committee 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following concurrent resolution and ask the House to consider the same 

Resolved the House concurring that the treasurer of the late Executive 
Committee of Kansas Territory be directed to deliver to the auditor of 
State the Eighteen Hundred dollars of Scrip in his hands not countersigned 
and to which reference is made in his report to the Senate and that the 
auditor be directed to record the fact and destroy the Scrip 

March 15. 1856 A. Allen Sec. Sen. 

Resolution concurred in by the House 

On motion of Mr. Williams the bill was taken up by Sections 

1st Section adopted Yeas 23. Nays 18 

Yeas Abbott Blood Beyer Bowen Cannon Cody Dickey Frost Jones 
Landers Marshall Murphy McGee Purdam Pennock Saunders Simmer- 
well Sparks Tuton Todd Wade Walker Zimmerman 23. 

Nays Arthur Brown Barry Curtiss Crosby Edsall Hartwell Hornsby 
Hutchinson Jameson McClure Mewhinney Orr Reese Shores Tabor Tooth- 
man Williams 18 

Committee Mess Hutchinson Curtiss and Brown 

Senate Bill No. 8. reported with amendments which were concurred in 
by the House 

Mr. Hutchinson chairman of committee on conference made a report 
which was accepted and on motion of Mr. Williams adopted 

Adjourned until 7 o'clock P. M. 

March 15th, 1856 Evening Session 
Met pursuant to adjournment On motion of Mr. Frost the House took 
a recess for one hour 

The following resolution was adopted on motion of Mr. Cannon 

Whereas H. B. Staniford member elect of this House was here on the 
day of organization of the General Assembly and refused to take the oath 



110 Kansas State Historical Society. 

of office Therefore Resolved that the seat of said representative be declared 
vacant 

On motion of Mr. Zimmerman a committee of three was appointed to 
confer with a similar committee from the Senate on the Senate Bill No 2 
relating to salaries of State officers 

The Chair appointed Mess Zimmerman Jameson and Pennock as said 
committee 

The following messages were received from the Senate 

Mr. Speaker I have the honor to inform you that the Senate have 
agreed to House amendments to Senate bill No. 8, entitled an act regulating 
the price of Public Printing 

March 15. 1856 Attest A. Allen Sec 

Mr. Speaker I have the honor to inform you that the Senate have 
adopted the report of conference committee to whom was referred Senate 
bill No. 2, Relative to salaries of State officers and officers of General As- 
sembly 

March 15. 1856 Attest A. Allen Sec. 

Rr. Speaker I have the honor to inform you that the Senate have re- 
ceded from the vote on the report of the conference committee to whom was 
refered Senate Bill No. 2 Regulating the salaries of the State officers and 
officers of the General Assembly Attest A. Allen Sec. 

Mr. Zimmerman from committee on conference on Senate bill No. 2, 
made the following report which was adopted on motion of Mr. Abbott 

Your Committee appointed to confer with the committee of the Senate 
in regard to the Salaries of State officers have had the subject under con- 
sideration and agree to and submit the following 

Sec. 1st. The salary of the Governor shall be Twenty five hundred dol- 
lars 2,500— 

Sec. 3d. The salary of the Auditor of State shall be fifteen hundred dol- 
lars 1.500— 

Sec. 2d. The Salary of the Secretary of State shall be fifteen hundred 
dollars 1.500 

Sec. 4. The salary of the Treasurer of State shall be fifteen hundred 
dollars 1.500— 

Sec. 5. The Salary of the Attorney General shall be eight hundred dol- 
lars $800— 

Sec. 6. The Salary of the Clerk of the Supreme Court shall be three 
hundred dollars $300— 

Sec. 7. The salary of the Reporter of the Supreme Court shall be three 
hundred dollars $300— 

Sec. 24. This bill shall take effect from and after its passage 

The committee of conference have agreed to amend the bill by prefixing 
seven sections and annexing one: all the sections of the bill to be numbered 
accordingly E. R. Zimmerman Chairman 

Mr. Curtiss moved a reconsideration of the vote adopting the report 
which was lost 

Message from the Senate 

Mr. Speaker I have the honor to inform you that the Senate have 
agreed to concur in the report of the conference committee on Senate bill 
No. 2. Attest A. Allen Sec. 

Mr. Tuton offered the following resolution which was adopted 

Resolved that the Governor be notified that the House having gone 
through their business are ready to take recess until he has further business. 



The Topeka Movement. HI 

The Governor was notified of the passage of the resolution and informed 
the house that he had further business and the folloving message was re- 
ceived. 

To the Senate and House of Representatives 

Gentlemen I have this day approved and signed the following bills 
Senate bill No. 5. entitled an "act for the encouragement of agriculture in 
the State of Kansas" Senate bill No. 6. entitled "An act regulating the 
duties of the Governor and other officers of the State" Also Senate bill No. 8. 
entitled "an act establishing the price of public printing" 

Executive Office March 15th. 1856 (Signed) C. Robinson 

Mr. Edsall offered the following resolution which was adopted 

Resolved, That the Senate be informed that the house have gone through 
with all of their business and are ready to take a recess until the 4th day of 
July next unless the Senate have further business to communicate 

The Clerk was instructed to inform the Senate of the passage of the reso- 
lution 

The Senate informed the'House that there was no business to communi- 
cate and the 

House then took a recess until the 4th Day of July 1856. 

J. K. Goodin Chf Clk. H. Rep. 

Topeka, State of Kansas 
July 4. 1856 12 o'clock M. 
House of Representatives met pursuant to adjournment 
Assistant Clerk Samuel F. Tappan called the house to order Roll called 
Sergeant at Arms sent for absentees 
Roll called 

Col. E. V. Sumner U. S. Army having now taken a position upon the 
platform interrupted the proceedings of the House and said 

Gentlemen "I am called upon this day to perform the most painful 
duty of my whole life Under the authority of the President's proclamation 
I am here to disperse this Legislature and therefore inform you that you 
cannot meet. I therefore in accordance with my order command you to 
disperse 

God knows I have no party feeling and will hold none so long as I hold 
my present position in Kansas I have just returned from the borders where 
I have been sending home companies of Missourians and now I am here to 
disperse you Such are my orders that you must disperse I now command 
you to disperse I repeat that this is the most painful duty of my whole life 
But you must disperse 

P. C. Schuyler a spectator asked 

"Col. Sumner are we to understand that the Legislature is dispersed at 
the point of the bayonet? 

Col. Sumner replyed "I shall use the whole force under my command to 
carry out my orders" 

The House thereupon dispersed 

S. F. Tappan Asst Clk 

Topeka Tuesday 
Jan 6th. 1857, 12. o'clock. M. 
In a ccordance with the provisions of the Constitution House met. 
In the abscence of the Speaker the House was called to order by J. K. 
Goodin Chief Clerk. 



112 Kansas State Historical Society. 

Prayer by Rev. Walter Oakley. On motion John Hutchinson was elected 
Speaker pro tern who being duly inducted into office addressed the House in 
a few appropriate remarks. 

On motion of Mr. Abbott, a committee of three was appointed by the 
chair to examine the credentials of new members. Committee Mess. Abbott, 
Williams and Dickey 

On motion House adjourned until tomorrow at 10. o'clock 

J. K. GOODIN Chf. Clk. 

House of Representatives 
Wednesday 10, o'clock A. M. Jan. 7th, 1857 

House met — Prayer by Rev. Oakley 

On motion of Mr. Abbott the calling of the roll was dispensed with— 
Minutes read and approved — 

The Committee on credentials reported "that they had examined the 
credentials of Mr. Taber [Tator] of 5th district, Abram Cutler, Robert Mor- 
row and Robert McFarland of the first district, J. A. Beam of the Second 
district and Mr. Gilpatrick of Third district, and from the vote returned 
declared that they were duly elected as members of this body and entitled 
to their seats as Representatives in the Legislature of Kansas." 

The report of the Committee was received, approved, and the Committee 
discharged, and the Oath of Office taken by Mess. Cutler, Morrow, McFar- 
land, Beam & Tater 

On motion of Mr. Tabor, the House proceeded to the election of a sergeant 
at arms pro-tem Mr. A. W. Mooore being the only person nominated for 
that office was by acclamation duly elected and qualified. 

On motion of Mr. Blood a Committee of three were appointed consisting 
of Mess. Blood, Dickey and Tabor to prepare and report at an early day a 
memorial to Congress asking for the admission of Kansas as a State under 
her Constitution 

On motion of Mr. Tabor a committee of three were appointed to prepare 
an election law for the regulation of the next election for State Officers and 
Members of the Legislature, The Speaker appointed Mess. Abbott, Landers, 
& Williams. 

On motion of Mr. Williams the House proceeded to the election of a 
Speaker, Mr. John Hutchinson being the only person nominated was unani- 
mously elected, who having been inducted to his seat, addressed the Housfr 
in a few pointed and pertinant remarks. On motion of Mr. Abbott, House 
proceeded to the election of Chief Clerk. J. K. Goodin being the only person 
nominated was unanimously elected and assumed the duties of his office. 
The House then proceeded to the election of First Assistant Clerk, where- 
upon Samuel F. Tappan [was] duly elected. Caleb S. Pratt was elected 
Enrolling Clerk, A. W. Moore Sergeant at Arms, D. H. Home Assistant 
Sergeant at Arms, and O. P. Stone Door Keeper — David Seagraves was 
elected messenger. 

On motion of Mr. Blood House adjourned. 

J. K. Goodin Chf Clk H. R. 



The Topeka Movement. 113 

House of Representatives 
Jan. 8th 1857 10 O'clock A. M. 
The Speaker having been arrested by Deputy Marshall Pardee House 
was called to order by First Assistant Clerk S. F. Tappan — Prayer by Rev. 
Oakley. Mr. Robert Morrow on motion of Mr. Walker was unanimously 
elected Speaker pro-tem. On motion the Two Houses resolved themselves 
into joint session to receive the report of the Committee on Memorial. Mr. 
Blood Chairman of said Committee then presented the following report 
which was adopted, and on motion of Mr. Williams, it was resolved, that the 
report be signed by the Officers of the two houses and then returned to the 
Committee to be forwarded to Congress now in session 

" To the Honorable the Senate and House of Representatives of the United States:" 
"Your memorialists members of the Legislature of Kansas under the 
Topeka Constitution, at their annual convocation, respectfully submit to 
your Honorable Body the grievances of our constitutents for which we ask 
redress. 

"You cannot be insensible to the fact that the position which the people 
of Kansas are compelled to ocupy before the World, is one of strange and 
singular character. The organic act by which this Territory was open to 
settlement, without distinction of party, gave promises of protection to all 
who might avail themselves of its provisions, confidently relying on the ability 
and integrity of the Government to maintain in good faith the spirit and 
substance of the Law, the people of Kansas, becoming the actual settlers 
of the soil, and in that capacity have prepared for themselves a State Govern- 
ment, by framing a Constitution, and electing Representatives to provide 
for their interests by Legislation. 

"The causes which impelled the people to resort to this organization were 
simple and obvious to every attentive observer of our History as a political 
community. In the outset, we were without local laws to regulate our in- 
ternal affairs. The power to accomplish this indispensible duty, was, it is 
conceded, conferred upon the people, by the terms of the organic act. The 
attempt to exercise it in the first instance proved abortive; resulting as it 
did in a wholesale and monstrous usurpation of power by a horde of unscru- 
pulous partizans — strangers to our soil — in the prostration of the People, 
who were first defrauded, and afterwards disfranchised of their political 
privileges under enactments which have no one element of law in their struc- 
ture, and no single pretence of justice in the results sought to be accom- 
plished. 

"To remedy and repair this disgraceful and unhappy state of public 
affairs, the people were forced to seek some organization whereby to con- 
serve and keep alive the germ of their constitutional freedom. In this spirit 
the scheme of a State Organization was submitted to the consideration of 
the Territory. Ample, and abundant time for reason and reflection — com- 
porting with the dignity and importance of the step was offered. The prin- 
ciples by which the soundness of this scheme was to be tested, were carefully 
analyzed and examined in primary meetings & delegate Conventions irres- 
pective of party until the subject seemed fully exhausted. The result is 
before the country in the Constitution for a State framed at Topeka by the 
people chosen for that purpose. That instrument was subsequently sub- 
mitted for popular approval or rejection, and was adopted with singular 
unanimity considering the important character of the topics involved, some 
of which had been the subject matter of long and acrimonious controversy 

"The fate of this experiment has been watched with unspeakable soli- 
citude by those who conceived their interests as a people to be indissolubly 
connected with the final establisment of its supremacy in the State. From 
day to day, the evidences of a growing popularity extended the movement, 
which have been multiplied around us on every hand. 

A singular controversy has prevailed in Congress, as well as in the politi- 
cal world at large, relative to the merits of this movement, and the motives 



114 Kansas State Historical Society. 

which Originated it. Those who act with the party now administering the 
Government have professed to discover treason lurking in its secret folds. 
The fires of vituperation have been kindled, and the purity and purpose of 
the people have been vehemently and continually assailed. 

"It is respectfully suggested, that it would be much more honorable, and 
to the point, to indicate some material political untruth in the theory upon 
which we rely to sustain our practical efforts in this organization. It is dif- 
ficult if not impossible to see how hostility to the Constitution of the United 
States, can be justly ascribed to those who can fully conserve the principles 
which under lie that instrument, by studiously searching for, and scrupu- 
lously observing the will of the people legitimately declared. 

" To this extent and no more, are we guilty of any infraction of Republican 
principles. We have steadily disclaimed and now reiterate the disclaimer, 
that any disloyalty toward the regularly constituted authorities of the Gen- 
eral Government was purposed, or practiced. On the other hand, no positive 
or affirmative power whatever, has been exercised. Our actions have been 
made to conform to the theory, that the General Government alone, could 
infuse vitality into the forms simply prepared before hand to receive it, and 
direct it at once to the relief of our oppressed and outraged people. 

"Fully preserving this idea, and intending to solicit at every opportunity 
the attention of Congress to our grievances as a people, respectfully indi- 
cating at the same time the State Organization as the remedy we deem best 
adapted to our political exegencies, we pray now, as ever hitherto done, 
that this work of a free spirited and intelligent people, may by your sanction 
and approval, be made operative and efficient to the great end for which it 
was prepared. 

"Thus we ask for the protection of your Honorable body, whose province 
and whose constitutional duty it is to afford it. As faithful and obedient 
citizens, we are entitled to this inalienable right — we are entitled to it by all 
the glorious events of our history as a nation in whose fame, we in common 
with the whole American People feel a just pride; and we most respectfully 
submit whether our humble and repeated petitions for redress are to be 
answered only with contempt. May not the noble example of those who in 
the earliest days of the Republic struggled for Constitutional Freedom, sug- 
gest a course, which it will be our right and our duty to adopt? And your 
memorialists will ever pray" 

Signed J. Blood 

M, C. Dickey 
H. W. Tabor" 

On motion of Mr. Pillsbury, the convention adjourned Sine-die. 

House came to order and it having been ascertained that a quorum was 
not present on account of the recent arrest of its members by the United 
States Deputy Marshall, Mr. Blood offered the following concurrent reso- 
lution which was adopted. 

Resolved: That the General Assembly — The Senate concurring do now 
take a recess until the Second Tuesday of June next, at 12. O'clock, M. 

On motion the rules were suspended and the resolution went through a 
second and third reading and was passed 

House took a recess until 2nd Tuesday in June, A. D. 1857. 12 o'clock M. 

Signed Sam'l F. Tappan 1st Ass't Clerk 

House of Representatives 
TOPEKA, K. T. 12 o'clock M. June 9, 1857 
House met pursuant to adjournment 
Prayer by Rev. Mr. Foster 
Records of previous meeting read and approved 
•On motion of Mr. Williams the Chair appointed Mess Dickey Walker 



The Topeka Movement. 115 

and Williams a committee to examine and report on the Credentials of 
members. 

On motion of Mr. Jameson House adjourned till Wednesday 9 o'clock 
A. M. J. K. GooDiN Ch'f Clk H. Rep 

House of Representatives 
Wednesday June 10th 1857 9 o'clock A. M. 
House met pursuant to adjournment Speaker in the Chair 
Prayer by Rev. Dennis 
Roll called Minutes Read and approved 

On motion Charles Lenhalt was elected Sergeant at Arms pro tem 
On motion of Mr. Frost committee on credentials made the following 
report 

Your committee on credentials report that they have examined the cer- 
tificates of election of 

A. Wattles 1 

DnsZt*™'" of 5th district 

Henry McKee J 

and Henry Harvey ) 

William K. Beach [ of 6th district 
Charles F. Lenhart ) 
and L. F. Carver of 4th district 

and find them correct and reccommend them to seats in this House 

M. Dickey Chairman 

Report of the Committee was received and adopted 

Mess Arney Leonhart Foster Harvey Beach & Carver being present the 
oath of office was administered and they entered upon the discharge of the 
duties of their office 

On motion of Mr. Frost House took a recess until 3 o'clock P. M. 

3 O'clock P. M. 
House met — Roll called. On motion of Mr. Dickey House took a recess 
until 8 O'clock P. M. this evening 

J. K. GooDiN Chf Clk H. Rep. 

8, O'clk Evening Session 
House met, and on motion adjourned until to-morrow morning 9 O'clock 

J. K. GooDiN Ch'f Cl'k H. Rep. 

House of Representatives 
Thursday June 11. 1857 

House met Speaker in the Chair Prayer by Rev. Foster Roll called 
minutes read and approved The Chairman of committee on Credentials 
reported that they had examined the credentials of O. H. Drinkwater A. R. 
Button C. W. Giddings of the 8th district and Wm. E. Bowker of the 9th 
district and finding them correct reccommend them to seats in this body 
Mess Bowker Giddings Button Drinkwater took the oath of office and 
entered upon the discharge of their duties 

It being announced by the Chair that no quorum was present On motion 
the House took a recess until 1 J^ o'clock P. M. 



116 Kansas State Historical Society. 

iy2 o'clock p. M. 
House met Roll called Mr. Walker moved a recess until 4 o'clock P. M. 
motion lost 

Mr. Abbott offered the following resultions 

Resolved J. M. Tuton 2d Thomas Minard Mr. Mudeater Mr. Gosling 
12th G. W. Stephens 11th Thomas Piatt 7th B. R. Martin B. H. 
Brock Wm. Bayless Sam'l Baldwin & Isaac Hamby of the 10th having 
failed to be present at the two last sessions of this Legislature We therefore 
declare their seats vacant, carried 

Also the following 

Resolved that the Speaker appoint a committee of two members to 
inform the Senate that the House is now fully organized and prepared to 
proceed to business carried 

Resolved The Senate concurring that the Speaker appoint a committee 
of two members to meet a similar committee of the Senate and to inform 
the Governor that both houses are fully organized and ready to receive 
any communication that he may see proper to make carried — 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate is organized 
and ready for business under a resolution herewith appended 

Resolved that the Secretary of the Senate inform the House of Rep. 
that the Senate is fully organized & ready for business 

Chair appointed Mess Cutler & Foster of Mapleton On motion of Mr. 
Blood adjourned until 8 o'clock P. M. 

8 o'clock P. M. 
On motion of Mr. Blood 

Resolved the Senate concurring a committee of three be appointed to 
prepare a memorial to Congress asking for admission into the union as a 
state 

Committee Blood Foster of Mapleton McClure 

Message from the Senate 

Resolved by the Senate & the House of Representatives That a committee 
of two be appointed to act in conjunction with a similar committee ap- 
pointed by the House of Representatives to wait upon the Governor and 
inform him that the Senate and House of Representatives are organized 
& ready to receive any communications he may see proper to make 

Resolution concurred in 

Message from the Governor 

On motion of Mr. Blood 5000 copies were ordered to be printed for use 

of the House in the English language and on motion of Mr. it was 

ordered that 1000 copies be printed in the German language 

On motion adjourned till 9 o'clock Friday morning 

House of Representatives 

June 12th. 1857 
House met prayer by Rev. Foster Roll called Minutes read and 
approved The Speaker reported the following as additional members of 
the Standing Committee 



The Topeka Movement. 117 

Com on Education Leonhart Arney Carver 

" Corporation Morrow Tator 

<' Fior.tmr.« ^ Foster of Ossawatomie 

i!.iecuons ^ Foster of Mapleton & Carver 

" Ways and means Tator Beach Cutler 

" Judiciary Foster of Ossawatamie Blunt & Tator 

" Agriculture Arney & Bowker 

" County Lines Walker & Abbott 

" Public Roads Giddings Harvey & Cutler 

" Vice and Immorality Foster of Mapleton & Beam 
" Internal Improvements McFarland Drinkwater Button 
Mr. Arney presented the following memorial from the Mayor of Hyatt 
which was referred with a bill for the incorporation of Hyatt to the Com- 
mittee on Corporations 

Memorial 

To the Senate and House of Representatives of the State of Kansas in Legis- 
lature assembled In behalf of the citizens of the town of Hyatt I beg leave 
most respectfully to present the following resolution which was unanimously 
adopted by our citizens at their town meeting held on the 2d day of May last 

Resolved that the mayor be and is hereby authorized to apply to the 
State Legislature of Kansas at its next session asking for an act of incor- 
poration for our town in accordance with articles of fraternization 

In compliance with this Resolution I would humbly pray your honorable 
body to grant to the town of Hyatt an act of incorporation in accordance 
with the bill for an act for the incorporation of the Town of Hyatt which 
is herewith submitted and your petitioners as in duty bound will ever pray 

W. F. M. Arney 
Mayor of the Town of Hyatt Kansas 

Mr Leonhart presented the following memorial which was refered to the 
Committee on corporations 

To the Honorable members of the Legislature of the State of Kansas 
We the undersigned citizens of the Town of Emporia State of Kansas 
do hereby petition your honourable body to grant to the said Town of 
Emporia a municipal charter providing for the election of officers and the 
full and complete organization of the aforesaid Town for all necessary 
purposes of local government in terms and forms corresponding to the 
charter which may be granted to the town of Hyatt in said State of Kansas 

(Signed) D. A. Painter 
N. E. Copley 
P. B. Plumb 
J. Stiller 
C. Cllamson 
W. H. Kendall 
W. C. Larrabee 
And S. Frazier 
Charles 0. W. Leonhardt 
Richard J. Hinton 

On motion of Mr. Foster of Ossawatamie James Bunker and George 
H. Mclntire were elected messingers to the House 

Mr. Blood presented a bill providing for taking the census of the State 
of Kansas 

On motion of Mr. Morrow 

The rules were suspended and the bill was read a second time by the 
title and referred to a special committee of 5 viz. Morrow McClure Foster 
of Ossawatamie Sparks and Cutler 



118 Kansas State Historical Society. 

Mr Carver offered the following resolution 

Resolved that the Sergeant at Arms is directed to number the seats and 
place the numbers on each seat in order that members may select seats in 
such manner as the House shall direct carried 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following joint resolution 

Resolution— Resolved by the Senate and House of Representatives that 
the bill providing for a general election law be referred to a joint committee 
of three from each House J. F. Cummings Sec. Sen. 

On motion of Mr. Blood the resolution was concurred in 

The Chair appointed Mess Abbott Foster Saunders said committee 

Message prom the Senate 
Mr. Speaker I have the honor to inform that the Senate have passed 
the following concurrent resolution 

Resolved by the Senate the House of Representatives concurring that 
this General Assembly adjourn on Saturday the 13th inst 

On motion of Mr. Morrow voted that the concurrent resolution be laid 
on the table until tomorrow morning at 9 o'clock 

On motion of Mr. Foster the rules were suspended and Mr. Blood was 
allowed to present a bill "An act to define the boundary lines of counties, 
on motion the rules were suspended and the bill passed its first reading 
and on motion was referred to the committee on New Counties and County 
lines 

On motion of Mr. Blood House adjourned till 8 o'clock P. M. 
- Chairman of Committee on Education reported a bill entitled "an act 
for an educational system for the State of Kansas" Bill read first time 

On motion of Mr. Blood the rules were suspended and the census bill was 
taken up and read a 3d time and passed 

The title to the bill was adopted as read 

On leave Mr. Blood introduced a bill entitled an act for the incorporation 
of towns Read a first time The rules being suspended the bill then passed 
to its second & third reading & was passed Yeas 21 Nays 5 

Yeas. Arney Abbott Bowker Beam Beach Cutler Carver Dickey Foster 
of Mapleton Foster of Ossawatamie Gilpatrick Giddings Harvey Jamison 
Leonhardt Morrow McFarland Tabor Tator Todd Williams 

Nays Blood Frost Orr Sparks Walker 

The bill was then read by its title and adopted 

On leave Mr. Arney presented a bill for the incorporation of the State 
Agricultural Society of Kansas Bill was read a first time Rules Being 
suspended bill passed to its second reading 

On motion of Mr. Blood House adjourned until tomorrow morning at 
8 o'clock 

House of Representatives 
June 13. 1857 8 o'clock A. M. 

House met. Speaker in the Chair 

Prayer by Rev. Foster 

Minutes read and approved 

Committee on new Counties and County lines reported back bill on new 
Counties & County lines with amendments by Mr. Walker Chairman 



The Topeka Movement. 119 

On motion of Mr. Tabor the bill as amended was passed to a second 
reading 

On motion of Mr. Blood the bill was reported back to the same com- 
mittee 

Mr Dickey chairman of committee on Credentials reported that rM» 
Phillips from the first district was entitled to a seat in this house 

Report adopted 

Mr. Phillips came forward and took the oath of office 

Mr. Walker from committee on New Counties and County lines reported 
a bill a substitute for the bill for establishing County lines 

Bill read, first time 

On motion the rules were suspended and the bill was read a second time 
by its title 

On motion of Mr. Blood it was voted to amend the bill by inserting 6th 
in place of 1st where it occurs before the meridien line 

The word suhwano was amended by striking the letter h in the first 
syllable 

On motion the bill was further amended by adding "this act shall take 
effect from and after its passage" 

On motion the rules were suspended and the bill was read a third time 
by its title 

On motion of Mr. Phillips the bill was amended by inserting as a pre- 
amble "Whereas the taking of the census requires the immediate use of 
this bill therefore it shall take effect from and after its passage" bill put 
upon its final passage and passed The title as read was adopted 

Mr. Foster, Chairman of Committee on Election reported a bill entitled 
"An act regulating Elections" 

Mr. Saunders presented a bill providing for the incorporation of towns 

Rules suspended and the bill in relation to regulating election was read 
a first time by its title 

On motion the rules were suspended and the bill relating to regulating 
elections was read a second time by its title 

On motion the rules were suspended and the bill was read a third time 
Mr Phillips offered the following'amendment to the bill 

"Preamble Whereas the early date of the first election requires the 
immediate use of this bill therefore it shall take effect from and after its 
passage 

On motion of Mr. Cutler the rules were suspended Yeas 26 Nays 1 

Yeas Arney Abbott Blood .'Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Gilpatrick Giddings Harvey Jame- 
son Morrow McFarland McClure Orr Saunders Sparks Tabor Tator Walker 
Williams Phillips 

Nays Frost 

On motion the bill passed Yeas 30, Nays 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jameson Leonhardt Morrow McFarland McClure 
Orr Phillips Saunders Sparks Tabor Tator Walker & Williams 

On motion of Mr. Cutler the rules were suspended Yeas 25 Nays 4 

Yeas Arney Abbott Blood Bowker Button Beach Cutler Carver Dickey 



120 Kansas State Historical Society. 

Drinkwater, Foster of Mapleton Foster of Ossawatamie Frost Gilpatrick 
Giddings Harvey Jameson Leonhardt Morrow McFarland Saunders Tabor 
Tator Walker Williams 

Nays Beam McClure Orr Sparks and the bill was read a first time by 
its title on motion of Mr. Cutler 

On motion of Mr. Foster of Ossawatamie the rules were suspended Yeas 
27, Nays 3. 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jameson Leonhardt Morrow McFarland Saunders 
Tabor Tator Walker Williams Phillips 

Nays, McClure Orr Sparks — on motion of Mr. Abbott and the bill was 
read a second time by its title 

On motion of Mr. Cutler the rules were suspended Yeas 27 Nays 3 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jameison Leonhardt Morrow McFarland Phillips 
Saunders Tabor Tator Walker Williams 

Nays McClure Orr Sparks 
and the bill was read a third time and passed Yeas 26, Nays 3. 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatomie Gilpatrick 
Giddings Harvey Jamison Leonhardt Morrow McFarland Phillips Saunders 
Tabor Tator Walker Williams 

Nays McClure Orr, Sparks 

The title to the bill as read was adopted 

Message from the Senate 

Mr. Speaker I have the honor to inform you that the Senate have 
concurred in the passage of House bill No. 1, entitled an act for taking the 
census and to provide for the apportionment of Representatives of the 
State of Kansas 

signed Asaph Allen Sec. Senate. 

On motion the rules were suspended to allow bill in relation to County 
organization to be read a first time Yeas 28 Nays 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Gilpatrick 
Giddings Harvey Jameson Leonhardt Morrow McFarland Orr, Phillips 
Saunders Sparks Tabor Tator Walker Williams 

Yeas 28 Nays 0. 

On motion the House took a recess until 2 o'clock P. M. 

2 o'clock P. M. 
The bill in relation to County organization was read a first time 
On motion the rules were suspended Yeas 25 Nays 1. 
Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jameson Leonhardt McFarland Saunders Tabor 
Tator Walker 

Nays McClure and the bill was read a second time 
On motion the rules were suspended that the bill might be read a third 
time Yeas 25 Nays 1. 



The Topeka Movement. 121 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Drinkwater Foster of Mapleton Foster of Ossawatomie Frost Gilpatrick 
Giddings Harvey Jamison Leonhardt Morrow McFarland McClure Orr 
Phillips Saunders Sparks Tator Todd Williams Nays McClure, and the 
bill was read a third time and passed Yeas 28, Nays 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jamison Leonhardt McFarland Orr Phillips 
Sparks Tabor Tator^Walker Williams 

On motion it was voted that the bill be known by its title as read. 

Message from the Senate 
Mr. Speaker I have the honor to inform that the Senate has passed 
the following Joint Resolution relative to memorializing Congress for ad- 
mission into the union as a State 

Resolved By the Legislative Assembly of the State of Kansas That It 
shall be the duty of the persons appointed to take the census of the people 
of Kansas to present at the same time a memorial to congress for the signatures 
of the legal voters asking for the immediate admission of Kansas into the 
union as a State and that said memorial with the signatures attached be 
returned with the census list to the Governor 

Asaph Allen Sec. Senate. 

On motion the House voted to concur in the resolution of the Senate. 
Yeas 25 Nays 2. 

Message from the Senate 

Mr. Speaker, I have the honor to inform that a bill entitled "An act 
for the location of the seat of Government for the State of Kansas has 
passed the Senate and they would respectfully ask a concurrence of the 
House therein 

Asaph Allen Sec. Senate 

On motion the rules were suspended in order that the bill in relation to 
location of Capitol might be read a first time, Yeas 24, Nays 4 

Yeas Arney Abbott Bowker Button Beam Beach Carver Dickey Drink- 
water Foster of Mapleton Frost Gilpatrick Giddings Harvey Jamison 
Leonhardt McFarland Orr, Phillips Saunders Sparks Tabor Walker Williams 

Nays Blood Cutler, Foster of Ossawatamie Tator 
• On motion the rules were suspended Yeas 28 Nays 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jamison Leonhardt McFarland Orr, Phillips 
Saunders Sparks Tabor, Tator Walker Williams 

On motion the rules were suspended to allow the bill to be read a third 
time 

The bill was amended by inserting the word "act" in the title and strik- 
ing out the word "bill" and on motion the bill was read a third time and 
passed Yeas 26 Nays 2. 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Frost Gilpatrick Giddings Harvey 
Jamison Leonhardt McFarland Orr, Phillips Saunders Sparks Tabor, Tator, 
Walker 26 Nays, Foster of Ossawatamie Williams 

voted that the bill be known by its title as read A bill providing for an 



122 Kansas State Historical Society. 

act for the establishment of a State university was read the first time moved 
that the rules be suspended to allow the reading of a bill establishing the State 
University a second time, motion lost. Yeas 15 Nays 13 

Yeas Abbott Blood Button Beam Beach Cutler Dickey Foster of Maple- 
ton Frost Giddings Jamison McFarland Phillips Saunders Tator 

Nays Arney Bowker Carver Drinkwater Gilpatrick Harvey Leonhardt 
McClure Orr, Sparks Tabor Walker Williams 

On motion of Mr. Carver the bill in relation to the establishment of a 
State agricultural society was read a second time 

On motion of Mr. Foster it was voted that the further consideration of 
the bill be indefinitely postponed 

Roll called and Sergeant at Arms sent for absentees 

On motion of Mr. Walker the vote refusing to suspend the rules in order 
to pass the bill in relation to a State University to a second reading was 
reconsidered and the rules were suspended Yeas 27, Nays 2 

Yeas Arney Abbott Blood Button Beam Beach Cutler Carver Dickey 
Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gilpatrick 
Giddings Harvey Jamison Leonhardt McFarland Orr Phillips Saunders 
Sparks Tabor Tator Walker Williams 

Nays Bowker McClure and bill was read a 2d time 

Mr Phillips moved an amendment to the bill that the names of W. F. M. 
Arney W. Y. Roberts S. L. Adair & C. F. W. Leonhardt be added to the 
number of trustees motion carried 

Mr. McClure moved to amend by inserting the word "Manhattan" 
instead of "Lawrence" motion lost 

Mr. Williams moved to amend by inserting the word " CentropolisV 
in place of "Lawrence" motion lost 

And bill was read a third time and passed Yeas 26, Nays 3 

Yeas Arney Abbott Bowker Button Beam Beach Cutler Carver Dickey 
Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gilpatrick 
Giddings Harvey Jamison Leonhardt McFarland Orr Phillips Saunders 
Sparks Tabor Tator Walker 

Nays Blood McClure Williams 

Message from the Senate 

Mr. Speaker I have the honor to inform the House of representatives 
that the Senate have had under consideration House bill No. 4, entitled an 
act to regulate general elections and have passed the same with amendments 
which they respectfully ask the house of Representatives to concur with 

(signed) Asaph Allen Sec Senate 

Mr. Foster moved to amend the bill as amended by the Senate by adding 
the words "this act shall take effect from and after its passage" motion 
carried 

Message from the Senate 

Mr. Speaker. I have the honor to inform that the Senate has concurred 
in House amendment to "Senate Bill" No. 1. 

signed A. Allen Sec. Senate 

Mr. Foster moved to amend bill to regulate general elections by adding 
the words "and annually thereafter" motion carried. 

Mr. Carver moved to amend same bill was amended by striking out 
fourth section motion carried 



The Topeka Movement. 123 

Mr Phillips moved to amend by inserting the following "Sec 4 That the 
provisions of this act shall apply to any special election which may be called 
by proclamation of the Governor," motion carried 

On motion the bill as amended was passed. 

On motion of Mr. McClure the title to the bill was amended by striking 
out the words "Elections for the year 1857 and inserting "Elections for the 
State of Kansas" and the title as amended was adopted 

A motion to suspend the rules to pass the bill relating to education to a 
third reading was lost and on motion the bill was referred to the next legis- 
lature 

Mr. Blood moved that a committee of three be appointed to investigate 
the claims of W. F. M. Arney to a seat in this House, — motion withdrawn 

On motion of Mr. Dickey House adjourned until 8 o'clock P. M. 

Saturday Evening Session 
House came to order at 8 o'clock P. M. — roll called 

On motion of Mr. Foster of Mapleton a committee of three was appointed 
to compare bills 

Committee Mess. Foster of Mapleton Dickey Tator 
The following resolution was offered 

Resolved the Senate concurring that the House will adjourn at 11 o'clock 
P. M. of Saturday the 13th. inst. 

The resolution was laid on the table 

Mr. Foster of Ossawatomie moved that the words sine die be added 
motion lost 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have con- 
curred in House amendments to House bill No. 4. 

Also that the Senate have passed House bill No. 7 with amendments and 
respectfully ask the concurrence of the House to the same 

Signed Asaph Allen Sec. Senate 

Amendments to House bill No. 7 in the Senate 1st, Strike out in the first 
section "W. F. M. Arney" 2nd, add in the first section Robert McBratney 
Geo. S Hillyer James F. Forman J. K. Judson S. M. Irvin Benjamin Harding 
Edmund Fish 

The Senate amendment No 2 was concurred in amendment No. 1. was 
nonconcurred in 

Yeas & Nays on noncurrence being ordered resulted Yeas 15 Nays 12 

Yeas Bowker Button Beam Carver Dickey Drinkwater Foster of Maple- 
ton Foster of Ossawatamie Giddings Harvey Leonhardt McFarland Phillips 
Tabor & Williams 

Nays Abbott Blood Beach Cutler Frost Jamison McClure Orr Saunders 
Sparks Tator Walker 

Mr Walker offered the following resolution 

Resolved the senate concurring that the General Assembly adjourn sine 
die at 12 o'clock P. M. the 13th inst 

Mr. Blood moved to amend by striking "12 o'clock P. M. the 13th inst" 
and inserting "12 M last Saturday in June" 

On motion the Resolution and amendment were laid upon the table 



124 Kansas State Historical Society. 

Message from the Senate 

Mr. Speaker I have the honor to inform that the following bill supple- 
mentary to the census bill has passed the Senate & respectfully ask your 
concurrence in the same 

On motion to suspend the rules for the 2d reading of the bill supplementary 
to the census act, Yeas and Nays being ordered resulted Yeas 25, Nays 0. 

Yeas Arney Abbott Blood Bowker Button Beam Beach Dickey Drink- 
water Foster of Mapleton Foster of Ossawatamie Giddings Harvey Jamison 
Leonhardt McFarland McClure Orr Saunders Sparks Phillips Tabor Tator 
Walker Williams and the bill was read a second time 

On motion to suspend the rules for a third reading Yeas and Nays being 
ordered resulted as follows Yeas 25 Nays 0. 

Yeas Arney Abbott Blood Bowker Button Beam Beach Dickey Drink- 
water Foster of Mapleton Foster of Ossawatamie Giddings Harvey Jami- 
son Lionhart McFarland McClure Orr Phillips Saunders Sparks Tabor Tator 
Walker Williams 

On motion the house took a recess for 20 minutes 

Committee appointed to compare Bills reported by their Chairman Mr 
Foster of Mapleton 

Mr. Abbott offered the following resolution 

Resolved that the Auditor be and is hereby authorized to issue Scrip to 
the members of this assembly and officers of State for the amount due them 
for their services according to law Resolution not acted upon 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate has passed 
the following concurrent resolution respectfully asking the concurrence of 
of the House of Representatives to the same 

Resolved the House of Representatives concurring that the General 
Assembly do adjourn sine die at 11 J^ o'clock P. M. 

A. Allen Sec Senate 

Mr. Blood moved to amend by inserting at 12 M. in the first Monday 
in July next motion carried 

On motion of Mr. Cutler the vote was reconsidered and the House con- 
curred in the Resolution of the Senate to adjourn at 113^ o'clock P. M. 

Message from the Senate 

Mr. Speaker I am directed to inform the House of Representatives 
that the Senate have not concurred in House amendment on Resolution 
relative to adjournment 

Message from the Governor. 

Executive office 
TOPEKA June 13, 1857 
To the Senate and House of Representatives State of Kansas 

Gentlemen I have this day signed an "act providing for the annual 
election for the year 1857 and annually thereafter" 

signed C. Robinson 

On motion of Mr. Walker a "vote of thanks for the able and impartial 
and dignified manner in which he has performed the duties of his office" 
was given to the Speaker 



The Topeka Movement. 125 

Mr McClure offered the following resolution which was adopted 

Resolved that the thanks of this house be tendered to the Chief Clerk 
and assistants for the prompt and efficient manner in which they have per- 
formed their arduous duties 

Message from the Governor 

Executive office 
Topeka, June 13, 1857 
To Senate and House of Representatives of State of Kansas 
I have this day approved the following acts viz: — 

An act for the location of the seat of Government for the State of Kansas 
An act for taking the census and to provide for the apportionment of 
Representatives of the State of Kansas 

An act entitled A supplement to an act entitled an act for taking the 
census and to provide for the apportionment of Representatives of the 
State of Kansas 

Also a joint resolution relative to memorial to congress An act to establish 
the State University 

signed C. Robinson 

House adjourned Sine die 



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